Privacy policy

OVERVIEW
1. Testa is committed to protect and respect your privacy.
2. This Privacy Policy applies to all people and entities accessing this Site. By accessing and/or using the services available through the Site, you hereby acknowledge that you have read, understood and agree to the terms of this Privacy Policy (along with the Terms of Use), our Cookie Policy, and any other documents that are referred in this Policy and the Terms of Use.
  This Privacy Policy (together with our Terms of Use, our Cookie Policy, and any other documents referred herein) is designed to help you understand how we collect, use, disclose and/or process the Personal Data that you have provided to us which will help you in making informed decision before giving your Personal Data to us. Read the following carefully to understand our views and habits regarding your Personal Data and how we will treat them.
DEFINITION
1. “Testa” has the same meaning as specified in the Terms of Use.
2. “Testa Group” has the same meaning as specified in the Terms of Use.
3. “Cookie Policy” refers to the cookie policy of the Testa Site.
4. “Interactive Services” has the same meaning as specified in the Terms of Use.
5. “Personal Information” refers to any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by Testa or entity which holds the information or when put together with other information would directly and certainly identify an individual.
6. “Personal Data” refers to all types of Personal Information collected and processed by Testa.
7. “Product” has the same meaning as specified in the Terms of Use.
8. “Selected Third Parties” refers to the third parties stipulated in article IV.5 below.
9. “Site” has the same meaning as specified in the Terms of Use.
10. “Site Content” has the same meaning as specified in the Terms of Use.
11. “Terms of Use” refers to the Terms of Use for this site.
12. “Third Party Content” has the same meaning as specified in the Terms of Use.
13. “Third Party Sites” has the same meaning as specified in the Terms of Use.
14. “Users” has the same meaning as specified in the Terms of Use.
15. “We” and “Our” have the same meaning as specified in the Terms of Use.
16. “You” and “Your” have the same meaning as specified in the Terms of Use.
INFORMATION COLLECTION
1. From time to time, Testa may collect information and data about you, including those which are:
  1. given by you or given by anyone authorized by you;
  2. in relation with each of your visits to our Site; and
  3. obtained from other third parties with your permission and from publicly available sources including credit rating agencies or bureaus.
2. With your consent, Testa can also collect information and data about family members, friends, beneficiaries, lawyers, shareholders, beneficial owners, attorneys, people under trustees, trustees, your guarantor, other guarantee providers and other individuals (collectively, “Relevant Individuals”).
3. For the purposes of your use of the Site and by using the Site, you agree that Testa may collect the following information and data as stated in articles III.1 and III.2 as follows:
  1. Any information or data about you and/or Relevant Individuals who can identify you or the Relevant Individual, including but not limited to information on your or the Relevant Individual’s name, date of birth, ID card, passport or other identification number, address, email address, telephone number, contact details, financial and credit card information, personal descriptions and photos, product and service portfolio information, transaction patterns and behavior, financial background, funding history, educational background and population data;
  2. Every information and data about you and/or Relevant Individuals shall be provided and/or given to us for the successful access of our Site and carrying out any activities featured on the Site. You understand that such information and/or data shall include your registered username for the Site, search results and history for Products and services on our Site, history of Product submission, transaction records for Services and Products provided through our Site, records of participation in any Interactive Services on our Site, and your answers to questions intended for security verification;
  3. Any information and data about you and the Relevant Individuals are provided and/or given to us in the course of maintaining a relationship between you and Testa which shall also include information pertaining to your account review report and records of correspondences between you and Testa whether by phone, mail or email;
  4. Every information and data about which are collected in connection to your visits to our Site include:
    1. Technical information, including the Internet Protocol (IP) used to connect your computer to the Internet, your login information, browser type and version, time zone settings, browser type and version of plug-in, operating systems and platforms;
    2. Site visit information, including all Uniform Resources Locators (URL); clickstream to, through and from our Site (including date and time); the products you see or look for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-over), and such other methods used to move from a page in the Site and any telephone numbers used to dial numbers our customer service; and
    3. Information and data from cookies or other technologies used on our Site. For more information about cookies and these technologies and the purposes for which we use them, see our Cookie Policy.
  5. Any information and data we collect from you when you participate in our events, such as parties, seminars, contests or awards programs, which may include your photos, video and voice recordings;
  6. Any information and data about you that we receive when you use any other website operated by us, our affiliates and subsidiaries or other services provided by us, our affiliates and subsidiaries. In which case, we will notify you and obtain your consent to collect information or data about you with the relevant Privacy Policy contained in other websites operated by us.
  7. Any information and data about you that we receive from selected Third parties (specified in article [IV.5] below);
    Information and data about you and the Relevant Individuals referred in article [III.3] above shall collectively form part of your Personal data.
USE AND DISCLOSURE OF INFORMATION AND PERSONAL DATA
1. When considered necessary and appropriate by Testa and in accordance with applicable laws, rules, and regulations, Personal Data may be used and disclosed by Testa and/or Testa Group for the following purposes:
  1. Provide access to you and facilitate the use of our Site and ensure that Site and its content and services, Products, Interactive Services, Third Party Content and Third Party Sites are displayed in the most effective way for you and your device;
  2. Provide you with information, content and services, Products, and Interactive Services and access to Third Party Sites and Third Party Content;
  3. Carry out our obligations arising from each contract or agreement between you and Testa;
  4. Provide you with information about other Products and services that we offer which are similar to the Products and services that you have previously purchased or asked for in the Site;
  5. Provide you or allow Selected Third Parties to provide you information about Products or services that we may consider to be of interest to you. When you are already registered with the Site, we will only contact you via e-mail, SMS or telephone to provide information about the Products and services which are similar to those you have previously considered, funded or utilized. If you are a new customer and have agreed to disclose your Personal Data to Selected Third Parties, we or the Selected Third Parties may contact you via e-mail or SMS to provide information about such Product or services;
  6. Notify you of changes to the Site and its content and service, Products, Interactive Services, Third Party Content and Third Party Sites;
  7. Manage our Site for its internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  8. Improve our Site to ensure that its contents and services, Products, Interactive Services, Third Party Content and Third Party Sites are delivered in the most effective way for you and your device;
  9. Allow you to participate in Interactive Services and other interactive features of our Site, Products and services;
  10. Apply and review the security and protection measures on our Site to keep our Site safe and secure;
  11. Assess or understand the effectiveness of our advertisements and third party advertisements on our Site and on other Third Party Sites, and to deliver relevant advertisements to you;
  12. Make suggestions and recommendations for you and other users of our site about products, services or products and services of third parties that may be of interest to you or them;
  13. Make a decision related to the opening or continuation of your account and the creation, provision or continuation of the Products and services aside from maintaining the accuracy of your information for our “Know Your Customer” procedures and conducting anti-money laundering checks, credit and background;
  14. Provide, operate, process and manage your account, the Site and its content and services, the Products, or manage your application and/or registration with the Site, the Products or services, all transactions (including money transfer transactions), and maintain the quality of services and train staff;
  15. Carry out activities related to the provision of user accounts, Products and services including subscriptions or subscription proposals for Products or services (both offered or issued by Testa or others) and provision of research reports or materials for analysis;
  16. Provide services and support related to Products, including but not limited to, providing management or administrative support or acting as intermediaries/nominees/agents in connection with your participation in the Products;
  17. Provide or give access to materials related to Products such as bid documents, research reports, products profiles, fact sheets, term sheets or other materials related to products;
  18. Fulfill domestic and foreign legal, regulatory and compliance requirements applicable to Testa and Testa Group (including anti-money laundering and tax obligations imposed to Testa and Testa Group, and disclosures on every exchange effect, the court, government authority, supervisory authority or regulator in accordance with guidelines, regulations, orders, instructions or relevant requests from these organizations) and comply with any applicable international agreements or agreements with or between foreign and domestic governments that applies to Testa and Testa Group;
  19. Check the identity and/or authority of your attorneys and/or representatives who contact Testa or Testa Group and/or who may be contacted by Testa or Testa Group to carry out or respond to requests, questions or instructions from the audited powers or other parties in accordance with security procedures we apply;
  20. Conduct risk assessment, statistical analysis and planning, including carrying out data processing, statistical analysis, credit risk and anti money laundering assessment, create and manage credit assessment models, conduct credit checks and reviews and other background checks, and keeping your history credit and your authorized attorney (regardless of whether there is a direct connection between the authorized attorney and Testa or Testa Group) for current and future reference;
  21. Monitor and record electronic calls and communications with you for the purpose of recording, quality, training, investigation and prevention of fraud;
  22. Detect, prevent, investigate and prosecute crimes and fraud, as well as assisting in every crime investigation by the authority that is relevant to you, a Relevant Individual or someone else;
  23. Implement (including, but not limited to, billing the amount owed to Testa and/or Testa Group) or defend the rights of Testa or Testa Group arising from a contract or agreement between you and Testa or otherwise;
  24. Conduct the internal management to operate control and management information systems and carry out internal audits or permit the external audits;
  25. Allow recipients of the actual or proposed rights of Testa, or participants or sub-participants of the rights of Testa to evaluate your transactions which are intended to be objects of transfer, participation or sub-participation;
  26. Comply with contractual arrangements by or among autonomous industries, industry groups, industry provider associations or other similar entities with Testa or Testa Group;
  27. Manage the Testa relationship with you, which may include providing information to you or relevant individuals, about products and services of Testa or Testa Group, when specifically approved or allowed under applicable laws and regulations;
  28. Market the financial products or services related to financing through various communication modes including letter, telephone, SMS, fax, e-mail, internet, market research, and designing or filtering similar products or services including by conducting market research, data analysis, and surveys;
  29. Comply with any obligations, requirements, policies, procedures, assessments or arrangements for sharing the data and information in Testa or Testa Group and the use of other data and information in accordance with each of Testa Group’s programs to complete the sanctions or prevention or detecting money laundering, terrorist funding or other illegal activities.
2. We can combine any information and data, regardless of how the information and data are collected or provided to us, and use such combination for the purposes specified in IV.1 above.
3. We may also use and disclose Personal Data for other purposes related to any of the purposes as stipulated in articles IV.1 and IV.2 which reasonable and prudent man may consider appropriate in such circumstances.
4. We collect, use, disclose or process your Personal Data depending on the circumstances prevailing at a certain period of time which objectives may not yet be apparent or feasible at the time of promulgation of this Privacy Policy. We will notify you and seek for your consent in the event of new objectives and/or purposes for the use of your information and data. Nevertheless, we may use or otherwise disclose your information and data without your consent when such is permitted under the relevant laws and regulations.
5. We can also share Personal Data with Selected Third Parties including:
  1. Business partners, suppliers and sub-contractors for the implementation of each contract or agreement between you and Testa;
  2. Advertisers and advertisement networks needing the data to select and provide relevant advertisements to you and others. We do not disclose information which will allow advertisers to identify specific or certain individuals or User. We only provide such advertisers and advertisement networks with an aggregate information about our Users (for example, we can tell them that 500 men aged under 30 years click on their advertisements on certain days). We may also use the aggregate information to help advertisers reach the type of audience they want to be targeted. Based on such aggregate information, we will allow the advertisers and advertisement networks to display their advertisement materials to reach their target audiences;
  3. Analysis providers and engines searchers that help us in improving and optimizing our Site;
  4. Prospective sellers or buyers of assets in cases where we are offering to sell or buy a business or any asset. In which case, you agree that we can transfer your Personal Data to prospective buyers or sellers as part of the transaction;
  5. Any such organization or person, if we are under an obligation to disclose or share your Personal Data to comply with any legal obligations, or to implement or apply our Terms of Use, our Cookie Policy, and other agreements, or to protect rights, assets, or security of Testa and Testa Group, our customers, Users or others. Such obligation shall include exchanging information with other companies and organizations for the purpose of fraud protection and credit risk reduction;
  6. The third party agents, contractors or service providers that provide administration, postal delivery, telemarketing, telecommunication direct sales, call centers, business processes, travel, visas, knowledge management, human resources, data processing, information technology, computers, payments, debt collection, credit reference or other background checks or other services to Testa or Testa Group in connection with the business operations of Testa or Testa Group;
  7. A person or entity that is part of Testa Group to the extent necessary to fulfill the relevant permitted purposes/objectives;
  8. The bank that is interested in connection with each check or equivalent that is processed by Testa or Testa Group;
  9. Financial institutions with which you have or applying to have a have business relationship with in connection with each Product and/or service;
  10. An individual or entity having an investment on you which may be obliged or required to make disclosures in accordance with the legal process or based on the requirements of the law, regulations, court orders inside or outside the country or agreements that are binding on Testa or Testa Group and any government authority, inside or outside the country, or between two or more government authorities inside or outside the country, or any disclosure based on and for the purpose of guidelines or instructions given or issued by law enforcement agencies, regulations, government agencies, tax authorities, law enforcement agencies or other authorities, or autonomous regulations from industry group or associations required or expected by financial service providers or stock exchanges to be fulfilled by Testa or Testa Group, or any disclosures in accordance with each contract or other commitments from Testa or Testa Group with legal institutions, regulations, government agencies, taxes, law enforcement agencies or other authorities, or autonomous or industrial groups or associations from providers of financial services, or stock exchanges, all of which may be inside or outside the Philippines including disclosure to court proceedings, tribunal courts, and/or legal, regulatory, tax and government agencies, regardless of whether the legal process, obligations, requests, requirements, agreements or guidelines are currently available or made in the future;
  11. Financial institutions, process agents, or other parties who will be involved in money transfer transactions or any banking /financial activities;
  12. The recipient of the actual or proposed transfer of rights from Testa or Testa Group, or the participant or sub-participant or the recipient of such transfer of rights of in connection with you or other Relevant Individuals, on all or part of the assets or business of Testa or Testa Group;
  13. the party that gives or submits to provide a guarantee or guarantee to a third party recipient of the guarantee or guarantee your obligations or those of any Relevant Individual.
6. The purpose, use and/or disclosure of information and data about you referred in article IV shall collectively be hereinafter referred to as “Objectives Allowed”.
PERSONAL DATA AND CREDIT REFERENCE AGENCY
1. Testa or Testa Group, by itself and/or as your agent, can provide relevant information and data about you and the Relevant Individual to credit reference agencies for the purpose of updating your credit record in the customer’s credit database from the institutions. In this case, relevant information and data about you, the Relevant Individuals (whether as issuers, providers of mortgage rights), guarantor or guarantee provider are those which are necessary in relation to the products and/or services you will avail or have availed of. Such information and data will include the following:
  1. Full name;
  2. Capacity in relation to Product availed of (whether as an issuer, provider of mortgages, guarantor or guarantee provider, and whether by his own name or by name with other people);
  3. Identity number (for example, identity card number, passport or identity card);
  4. Date of birth;
  5. Correspondence address;
  6. Account or reference number in relation to the Product;
  7. Type of product held and/or used;
  8. Account status (for example, active, closed, deleted for bankruptcy or otherwise deleted for other reasons);
  9. Trends and status of payments (for example, the payments for all or part, current or at the end of the period);
  10. Account closing date, if any, related to each Product;
  11. Date of Product use; and
  12. General information about the account and information on each material standard, if any
2. For the purpose of determining your credit risk when you apply and submit your information and/or documents for each Product, Testa or Testa Group can access and obtain personal information, accounts and records relating to you and the Relevant Individual(including information about the calculation amount facilities / financing from any credit reference agencies or institutions in relevant jurisdictions.
3. Testa or Testa Group may, from time to time, access personal information and accounts or records of you and the Relevant Individual (including information about the calculation of liability) stored by the credit reference agency for the purpose of reviewing any of the following things in relation to the Product provided to you or a third party whose obligations are guaranteed by you:
  1. Increasing the amount of credit;
  2. Tightening credit (including credit cancellation or decreasing credit amount);
  3. Giving additional products; or
  4. Occupying or implementation of a regulatory scheme related to you or any third party whose obligations are guaranteed by you.
4. Testa or Testa Group may also obtain credit reports about you from credit reference agencies in considering each request from you to register and upload a Product on our Site for subscriptions. Should you request access to the credit report about you, Testa will only provide you with contact details of the credit reference agency providing the information and/or report for you to directly contact them and request for report independently from us.
ADMINISTRATION AND MANAGEMENT OF YOUR PERSONAL DATA
1. We will make reasonable efforts to ensure that your Personal Data be accurate and complete should your Personal Data be used by Testa to make decisions which may affect you or when disclosing the same to other organizations as allowed and permitted under this Privacy Policy and relevant laws, rules and regulations. In such case, you understand that you are obligated to notify us of any changes to your Personal Data as they arise. We will not be responsible for relying on any inaccurate and incomplete Personal Data as a result of your con-compliance with the notification requirement herein.
2. We will place reasonable security arrangements to ensure that your Personal Data is sufficiently protected and safe. Appropriate security arrangements will be made to prevent access, collection, use, disclosure, copying, change, leakage, loss, damage and/or unauthorized changes to your Personal Data. However, we do not assume any responsibility for any unauthorized use of your Personal Data by third parties that are caused by factors beyond our control.
3. We will implement steps and measures to ensure that your Personal Data which is under under our control are destroyed and/or made anonymous as soon as possible when it is reasonable to assume that (i) the purpose of the Personal Data is collected no longer fulfilled by storing such Personal Data; and (ii) storage no longer needs to be done for legal purposes or any other business.
4. In cases where your Personal Data will be transferred from any country where you access this Site to another jurisdiction, we undertake to comply with the applicable relevant laws for such transfer.
THE RIGHT TO REFUSE USE OF PERSONAL DATA FOR MARKETING PURPOSES
1. You have the right to ask us not to process your Personal Data for marketing purposes. We will notify you and ask for your consent before we use your Personal Data for that purpose or if we intend to disclose your Personal Data to any third party for that purpose. You can use your right to refuse processing by notifying us on the related form that we use to collect your data. Even after you give your consent to Personal Data that will be used for marketing purposes, you can, at any time after that, withdraw your consent by contacting us at [email protected]
LINK TO OTHER SITES
1. Our Site may, from time to time, contain links to Third Party Sites and websites from our network of partners, advertisers, affiliates or subsidiaries. If you follow a link to one of these websites, you need to know that the website may or may not have their own privacy policy and that we do not accept responsibility or liability for these policies or the absence of such policies. You are deemed to have read this policy and the disclaimer herein when you submit any information including your Personal Data on t website.
ACCESS TO INFORMATION
1. You have the right to request from us the Personal Data about you which are stored by Testa. In cases of requests access, updates, changes or deletion of any information that you provide to us, you may contact us at [email protected] for more information. Each access request can be charged a fee of certain charged amount to meet our costs in providing detailed information that we have about you to you.
2. In exceptional circumstances, Testa may refuse access to your Personal Data for certain reasons which will be provided to you in detail with an explanation why we are unable to provide access to the same. These extraordinary conditions include but are not limited to:
  1. The investigating authority or government agency objects to the fulfillment of such customer requests by Testa;
  2. The information may, in the exercise of authority and/or reasonable assessment of Testa, affect the life or security of an individual; and
  3. The information and date are collected or being collected in connection with investigations into breach of contract, suspicion of fraudulent activities or violations of law.
CHANGES TO OUR PRIVACY POLICY
1. Any changes that we make to this Privacy Policy will be posted on this page and you will be notified of such changes via e-mail. You are advised to regularly check this page for changes and updates to this Privacy Policy.
UNDERAGE CHILDREN
1. Testa cannot ensure the accuracy of the age of people who access and use Site as declared in the registration procedures. Should an individual below eighteen (18) years of age has given his/her Personal Data to Testa without the consent of his/her parent or guardian, said parent or guardian must immediately contact Testa to delete the relevant Personal Data supplied by the minor including his/her name from the list of Testa’s customers.
RECOGNITION
1. You acknowledge that in cases where you are unable to provide relevant information or data or where you withdraw your approval or consent in connection with the collection, use and/or disclosure of relevant information or data as described in the Privacy Policy, Testa has the obligation not to proceed and/or accept your registration of your account in the Site. Testa will also discontinue your access to the Site and its content and services. Other information on the consequences of your withdrawal of consent will be made available to you by Testa or Testa Group upon receipt of notification or communication of your intention to withdraw consent.
2. Where you or your attorney is required to provide any information or data related to anyone or any such information or data to Testa and Testa Group, you guarantee and represent to Testa and Testa Group that have you have notified and secure the necessary approval of the person/s concerned to allow Testa and/or Testa Group to collect, use and/or disclose information related to the person/s concerned as described in this Privacy Policy.
3. You represent and warrant that you have obtained the consent of all Relevant Individuals so that any information or data from Relevant Individuals can be processed, stored, transferred or disclosed in and to any country as deemed by Testa and Testa Group to be in accordance with law and Allowed Objectives as defined in this Privacy Policy. The data can also be processed, stored, transferred or disclosed in accordance with law and practice, local rules and regulations (including any requests based on government regulations, actions and orders) in these countries/jurisdictions.
4. In accordance with the Terms of Use, Cookie Policy and Master Agreement, you agree that Testa may change and modify the provisions of this Privacy Policy from time to time. After notifying you of the amended Privacy Policy and upon signification of your consent to the amended Privacy Policy, you understand that the content thereof will change, diversify, and/or complete the Terms of Use, Cookie Policy and Master Agreement, and the agreements and/or arrangements mentioned above will take effect from the date specified in the amended Privacy Policy. Without prejudice to the foregoing, access/use or continuation of your use/use of the Site, Site Content, Products, Services, Interactive Services after notification of such changes shall be deemed as consent signifying your acceptance and approval of the changes and amendments in the Policy.
CONTACT
1. Questions, comments and requests regarding this Privacy Policy are accepted and can be directed to the Data Testa Protection Officer at the following address: [email protected]

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