If you are not yet 18 years old, or do not reside in the Philippines, please discontinue using the Site immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Site.
The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of First Circle and its authorized affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, or sponsors and are legally protected, without limitation, under Philippine Law, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of First Circle. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
First Circle provides its website users and viewers with the opportunity to register and apply for services and information delivered through the site, as well as via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from First Circle, either by registering on this Site or via their wireless device. Such services and related activities are provided by First Circle affiliates. The information requested as part of the registration and loan application process includes: data on the applicant or related business(es). Additional information may be requested, which can cover survey information. Users that register and apply for First Circle's services understand and agree that they will be required to submit said information and agree to the use, storage, processing and transmission of said information by First Circle and its affiliates.
IN ADDITION, we collect and maintain applicant and/or borrower information to serve you better and administer your loan(s) and loan programs. The information that we collect may be required for us to comply with laws and regulations. We collect the following nonpublic personal information:
You understand that by using the site, registering and/or applying for our services, you waive privacy and related protections under the relevant secrecy and data privacy laws (including Bank Secrecy and Data Privacy Act).
By giving your consent to access your data, you are also agreeing to have it accessed not only within the Philippines but by any person or entity worldwide.
We impose strict standards of security and confidentiality and maintain physical, electronic and procedural safeguards to guard any information you share with us. We continually assess new technology for protecting information and upgrade our systems when appropriate. Our employees, contractors and agents are required to protect the confidentiality of your information in compliance with our established policies, and we endeavor to restrict access to nonpublic personal information to our employees, contractors and agents who have a business reason for access, such as servicing and collecting your loan. Employees who violate our privacy policies are subject to our normal disciplinary process.
Aside from indicated above, First Circle does not share or otherwise disclose your nonpublic personal information to any other entities except as required or permitted by applicable law. Therefore, we only share your information as follows (examples to follow):
First Circle also works with several highly reputable service providers that perform loan program services who may have access to your information. First Circle works with several highly reputable third parties involved in the loan process. In order to receive the financial services you have requested, First Circle must receive and disclose information to and from the parties who participate in the loan process by funding, collecting, processing, administrating, servicing or maintaining a borrower's loan. We may disclose information when we believe it necessary to conduct our business and where disclosure is permitted or required by law. In addition, we may disclose any of the information we collect to companies that perform marketing services on our behalf pursuant to joint marketing agreements. Rest assured, however, that through these joint marketing agreements, we require these companies to comply with our strict privacy and data security requirements and thereby keep your information confidential and usable only to provide the specific services that we have requested therein.
Portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or other users ("Post" or "Postings"). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, First Circle or its affiliates. We do not monitor, endorse, edit or screen any Postings, although we reserve the right to do so, nor shall we be liable for any Posting that is in violation of this Agreement. In no event shall the Site, First Circle or its Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on First Circle.
You may send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site or First Circle, its affiliates, successors and assigns, officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices, or any goods or services associated with or obtained in connection with any such site, whether the Site's or First Circle’s.
You may deactivate your account on the Site, subject to any Loan, Credit or other agreement with First Circle, by logging in to your account, clicking "Account Settings" at the top of any page, and then clicking the "Delete My Account" link and following the instructions. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site and that is beyond our control.
You agree to indemnify, defend and hold the Site, First Circle, its affiliates, successors and assigns, or any of its officers, directors, employees, agents, licensors, representatives, Advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, including public postings of your Postings. First Circle reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with First Circle in the defense of any such claim, action, settlement or compromise negotiations, as requested by First Circle.
This Agreement and your use of the Site is governed by, construed and enforced in accordance with the laws of the Philippines and you specifically agree and submit to the exclusive jurisdiction and venue of the Regional Trial Courts of Pasig City and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise.
You hereby authorize First Circle Growth Finance Corp. as your “Personal Information Processor” under the Data Privacy Act of 2012 to request copies of your credit report on your behalf from TransUnion Information Solutions, Inc., a single report from the day of submission of my application.
You further consent to and authorize TransUnion Information Solutions, Inc. to release an additional copy of the credit report to the Company below without any opportunity for you to review it first by email to First Circle Finance Growth Corporation with the principal address at 26F, Trade and Financial Tower, Bonifacio Global City, Taguig City, Metro Manila at firstname.lastname@example.org.
You acknowledge and agree that your credit report will be sent to and used by the Company in the Philippines. You further acknowledge and agree that the release of the credit report by TransUnion Information Solutions, Inc. to the Company and the use thereof by the Company shall not be made the basis for any complaint, claim, suit, demand or cause of action or other proceeding against TransUnion Information Solutions, Inc. by you or any third party.
You hereby expressly, absolutely, and unconditionally authorize First Circle to collect, obtain, and verify any information about You, including Your personal (including name, address, and contact information), property ownership, deposits, loans, investments (excluding information relating to securities under the custodianship or registry of First Circle and other information relating to First Circle’s trust and other fiduciary business and investment management activities, as defined, from time to time, in Part Four, or as may be later re-numbered, of the Bangko Sentral ng Pilipinas’ Manual of Regulations for Banks), credit cards, and other credit information, and any updates and corrections thereto (collectively, the “Personal Data”), for sharing and use by and among First Circle, its offices, branches, subsidiaries, affiliates, agents, representatives, and third parties selected by any of them, including other financial institutions, Credit Information Institutions (as defined below), insurance companies, and third party service providers of First Circle and of any of the foregoing third parties, wherever situated (collectively, the “Receiving and Disclosing Parties”), for the purpose of, in connection with, and as may be required by or desirable for, among others, the Receiving and Disclosing Parties’ conduct of creditworthiness analysis, credit scoring, credit analytics, statistical and risk analysis, risk management, the provision of any products or services, product and service offers made through mail/e-mail/fax/SMS/telephone, references, cross-selling, customer relations management, customer service, customer satisfaction surveys, anti-money laundering monitoring and compliance, and other data analysis, data processing, data review, data storage, marketing, customer relations, legal compliance, and data reporting purposes (collectively, the “Purpose”).
Personal Data shall include any information relating to all of your accounts and any information thereon, including account and relationship balance information, with First Circle and its offices, branches, subsidiaries, affiliates, agents, and representatives.
The manner, necessity, and desirability of collecting Personal Data for sharing and use by and among the Receiving and Disclosing Parties for any Purpose shall be made by First Circle in its sole and absolute discretion. First Circle’s interpretation and determination of what are covered by the terms Personal Data, Receiving and Disclosing Parties, and Purpose shall be binding on You and any person acting on Your behalf.
You hereby expressly, absolutely, and unconditionally authorize the transfer, disclosure, and communication in any manner of any Personal Data collected and obtained by First Circle or any of the other Receiving and Disclosing Parties, including Personal Data obtained from third parties such as Credit Information Institutions (as defined below), from First Circle to any of the other Receiving and Disclosing Parties and between and among the other Receiving and Disclosing Parties, at any time and for as many times as may be necessary or desirable, determined in the sole and absolute discretion of the relevant Receiving and Disclosing Parties, for any Purpose. You hereby acknowledge that First Circle or any of the other Receiving and Disclosing Parties may transfer, disclose, and in any manner communicate any Personal Data as may be required by any applicable law, regulation, court, regulator, or legal process.
You hereby expressly, absolutely, and unconditionally consent to the processing, analysis, and storage in any manner of any Personal Data collected and obtained by First Circle or any of the other Receiving and Disclosing Parties, including Personal Data obtained from third parties such as Credit Information Institutions (as defined below), at any time and for as many times as may be necessary or desirable, determined in the sole and absolute discretion of the relevant Receiving and Disclosing Parties, for any Purpose, by any of the Receiving and Disclosing Parties.
You hereby expressly, absolutely, and unconditionally consent to the further transfer, disclosure, and communication in any manner of the data processed and analyzed by any of the Receiving and Disclosing Parties in any form, including credit reports, at any time and for as many times as may be necessary or desirable, determined in the sole and absolute discretion of the relevant Receiving and Disclosing Parties, for any Purpose, to any of the other Receiving and Disclosing Parties.
You hereby expressly, absolutely, and unconditionally authorize First Circle or its authorized representative and any other Receiving Party to process, analyze, store and conduct verification in order to determine the authenticity, genuineness and accuracy of the status, information and/or any and all details contained in the financial statements, documents evidencing credit, purchase orders, invoices or any other documents submitted through this Site or to First Circle before any government and/or private office/s. First Circle or its authorized representative and any other Receiving Party may communicate with the said government and/or private office/s through any means, as First Circle deemed fit and necessary, such as but not limited to: phone call, SMS, mail, email and/or any other means of communication.
You hereby expressly, absolutely, and unconditionally waive and agree to hold First Circle or any of the other Receiving and Disclosing Parties free and harmless from any administrative, criminal or civil liabilities, claims and demands of whatever kind or nature in connection with or arising from the aforementioned verification and authentication.
Without prejudice to the generality of the foregoing, where First Circle is a user, member of, or subscriber to the information processing, analysis, and sharing services or activities of any credit bureau, banking or credit industry associations, credit information service providers, or credit and loan providers (collectively, the “Credit Information Institutions”), You hereby expressly, absolutely, and unconditionally authorize:
[i] First Circle and any other Receiving and Disclosing Parties to transfer, disclose, and in any manner communicate Personal Data to any such Credit Information Institutions;
[ii] any such Credit Information Institutions to process, analyze, and store Your Personal Data for any Purpose in the manner that the relevant Credit Information Institution deems, in its sole and absolute discretion, fit for such Purpose; and
[iii] any such Credit Information Institution to further transfer, disclose, and in any manner communicate to any other user, member, or subscriber of their services any raw, processed, and/or analyzed Personal Data, in the form of credit reports or otherwise, including updates and corrections, whether positive or negative, relating to You and/or any of Your account/s with First Circle for any Purpose.
You acknowledge that such Personal Data shall include basic credit data as defined under Republic Act No. 9510 or the Credit Information System Act.
You hereby expressly, absolutely, and unconditionally agree that the Personal Data that you consent to be transferred, disclosed, communicated in any manner, processed, analyzed, stored, and further shared pursuant to this [section/paragraph/clause] includes Personal Data already collected, obtained, or otherwise be in the possession of First Circle or any of the other Receiving and Disclosing Parties prior to the date of your consent to this [Terms and Conditions].
You hereby expressly, absolutely, and unconditionally waive the application of Republic Act No. 1405 or the Bank Secrecy Law and Republic Act No. 6426 or the Foreign Currency Deposit Act to any Personal Data collected, obtained, transferred, disclosed, communicated in any manner, processed, analyzed, stored, and further shared pursuant to this [section/paragraph/clause], including Your right to the confidentiality of any information relating to Your Philippine Peso and foreign currency-denominated deposits with First Circle. You hereby agree that Your consent to these [Terms and Conditions], given in accordance with this [Deposit Agreement / Credit Card Agreement / Loan Agreement / etc.], shall be equivalent to Your written waiver of the confidentiality of all Your Philippine Peso and foreign currency-denominated deposits with First Circle.
You hereby agree to indemnify and hold First Circle, any of the other Receiving and Disclosing Parties, and any relevant Credit Information Institutions, including their directors, officers, employees, and agents, free and harmless from any liability that may arise from any collection, transfer, disclosure, communication in any manner, processing, analysis, storage, and further sharing of Your Personal Data pursuant to these Terms and Conditions. You hereby expressly agree to indemnify and hold First Circle, any of the other Receiving and Disclosing Parties, and any relevant Credit Information Institutions, including their directors, officers, employees, and agents, of any liability under the Bank Secrecy Law and the Foreign Currency Deposits Act.
You hereby agree that Your consent to these Terms and Conditions, given in accordance with this online webform, shall be equivalent to Your written consent to all of the terms contained in these Terms and Conditions.
In case of representation, You hereby warrant that You have the requisite power, authority and capacity from the person or entity You represent to enter into this Agreement, and to perform any and all obligations and undertakings according to the terms and conditions hereof.