Last modified: 7 September 2021
I. COLLECTION OF PERSONAL INFORMATION
Shari-Shari may also collect from time to time any other information as it may deem necessary and, subject to your consent, to create and/or maintain your Shari-Shari Account and to allow you to use and access the Platform. The Personal Information that we collect may also refer to any other information whether recorded in a material form or not, from which your identity is apparent or can be reasonably and directly ascertained by us (i.e. recording of oral consent and/or communication with Shari-Shari in relation to our Services), or when put together with other information would directly and certainly identify you. Personal Information shall include both Personal Information and Sensitive Personal Information as defined under Republic Act No. 10173 or the Data Privacy Act of 2012 (the “DPA”).
Shari-Shari collects Personal Information from or about you in the following manner:
i. When you access the Platform;
ii. When you register for a Shari-Shari Account; and
iii. When you access and use our Services.
Shari-Shari processes Personal Information to fulfill our contractual obligations to you, comply with legal obligations and regulatory requirements, or as may be reasonably necessary to conduct our business. In all cases where we process Personal Information, we will uphold your rights under the DPA, including its Implementing Rules and Regulations (‘IRR”) as well as other issuances of the National Privacy Commission (“NPC”) (collectively, the “Law”).
II. USAGE AND AUTOMATICALLY COLLECTED INFORMATION
When you access or use the Platform, we automatically collect information about you, including:
Financial information and investment objectives. We collect financial information and investment objectives related to your use of the Services.
Log information. We collect about your use of the Services; including the type of browser you use, access times, pages viewed, your IP address and any other network identifiers.
Activities on the site. We collect records of activities on the site, including, but not limited to buy and or sell instructions, any content you post, your account details, the time, value and currency of any deposit, withdrawal, or transaction made and the payment method.
Location information. In accordance with your device permissions, we may collect information about the geo-location of your device.
III. USE OF PERSONAL INFORMATION
1. For the purposes of contracting with or providing you access to the Platform and our Services, which shall include the disclosure of your Personal Information as may be necessary with the US Partner Broker - Dealer, the Bangko Sentral ng Pilipinas (“BSP”), the Anti-Money Laundering Council (“AMLC”), and other government agencies and instrumentalities, such as the U.S. Securities and Exchange Commission and the (“US SEC”), the Financial Industry Regulatory Authority (“FINRA”), the US Internal Revenue Service (“US IRS”) including our third-party service providers enumerated in Annex “A”.
i. To facilitate the creation of your trading account with our partner brokerage in United States;
ii. To confirm your identity by checking with relevant agencies issuing identity documents you have provided us;
iii. To create an account with us by verifying your identity and carry out checks required to conduct by applicable laws and regulations, including but not limited to, “know-your-customer”, anti-money laundering and politically exposed person checks;
iv. To create and file your W-8BEN Form in compliance with our partner’s obligations with the US IRS;
v. To process your subscription payment;
vi. To confirm your pre-funding transactions;
vii. To confirm your buy/sell transactions;
viii. To enhance or develop the Platform and our Services;
ix. To target content on our websites and social media accounts to match potential and existing customer interests more closely;
x. To target the appropriate content for email marketing messages to better match your interests;
xi. To create our own market data, measure and track demographic details about our customers, conduct marketing activities including sending out of email and SMS for our services, and to conduct market research to improve our products, services and marketing activities and generating consumer insights which may include combining personal information from third parties or public sources;
xii. To detect, prevent, and protect against fraud and crime and to comply with the Law, as necessary and appropriate.
xiii. To respond to questions, comments, and feedback from you;
xv. To communicate with you on matters related to your account, including, request about our service and your subscription or request with respect to any additional information or documentation;
xvi. To provide you with notices related to your account, general updates, market updates and other marketing materials;
xvii. To perform certain protective safeguards against improper use or abuse of the Platform, and our Services including fraud prevention;
xviii. To set up security measures to secure your account, including but not limited to, carrying out two-factor authentication;
xix. To comply with our operational, audit, and administrative processes, policies and procedures, the Terms and Conditions governing the Platform and our Services, legal and regulatory requirements of government regulators, judicial, supervisory bodies, tax authorities, or courts of competent jurisdiction, as the same may be amended or supplemented from time to time;
xx. To comply with legal and regulatory requirements and respond to court orders and other instructions and requests from any local and US legal authorities including regulatory, governmental, tax and law enforcement authorities or other similar authorities, as may be applicable; and
xxi. To perform other such activities permitted by law or with your consent.
You may update your profile at any time. You further agree to update such information upon Shari-Shari’s request, if Shari-Shari considers the information provided as untrue, incorrect, incomplete, and/or inconsistent with other information provided by you at any time. You acknowledge that you may rely upon such information and that you are responsible for any damages or losses which may result from any inaccuracies, including but not limited to, the inappropriateness of our Services to your profile. You do not have to provide the information to complete your profile, however, if you choose not to, we may be unable to offer Shari-Shari’s full functionalities to you.
IV. YOUR PART IN PROTECTING YOUR DATA
You agree that you too play a part in ensuring your personal data and the data of others are protected. By accessing our Services, you declare, represent, and warrant that:
5. You represent and warrant that all information that you provide to us are accurate, given in good faith, lawful, and true.
6. During account creation, information entered therein is true and correct to the best of your personal knowledge, and is not false, fabricated, misleading, for the purpose of any illegal activity, ill-will, nor information of persons, whether natural or juridical, other than yourself;
7. During account creation, should you enter information in representation of another person, whether natural or juridical, you warrant that you have obtained his/her/their consent and/or authorization, as the case may be, and such was willingly given, without duress, force, intimidation, or violence, and not through strategy or stealth.
8. At the time of account creation and thereafter, all copies of certifications, licenses, permits, invoices, billing statements, and various government and non-government issuances that you submit or upload to our Platform, whether in print or electronic format, are issued by the pertinent authorities acting within their proper lawful jurisdiction, genuine, unaltered, and valid; and not in any way altered through digital software, not physically tampered with prior to scanning into electronic format, not issued by a government or non-government authority outside of its proper jurisdiction, not fabricated, false, or a spurious copy, and not created, issued, or a product of/pursuant to any illegal activities, schemes, or methods.
9. Should there be any genuinely suspicious activity and/or legitimately objectionable features in our Platform, instead of continuing the use of our Platform and/or using our Services, you will alert or report us within twenty-four (24) hours from occurrence of said suspicious activity or encounter of the objectionable feature rather than proceeding with orders or continue use of our Platform/Services. You agree that your failure to alert us and/or continued access and/or use of our Platform and/or Services within said time period of said suspicious activity and/or objectionable features constitutes as your absolute waiver of any causes of action, claim, damages, and/or liability, of whatever nature, arising from such activity, incident, feature, and/or occurrence, and as against Shari-Shari, its Board of Directors, officers, and/or employees; and/or its partners.
10. Should there be sufficient proof of a breach of your data privacy rights, as required under the Law, you will immediately inform us so that we could attempt to provide you with a proper response and/or reasonable redress within reasonable time from our receipt of our complete correspondence of your concern, complaint, or grievance.
11. You access and/or use our Platform and/or Services in accordance law, public order, public policy, morals, or good customs, and without any ill intent or malice against us, other users, and merchants.
12. By submitting the required personal information to us, you consent to such collection, disclosure and use thereof. You hereby expressly waive and unconditionally release us from any and all liability, claims, causes of action, or damages, of whatever nature, arising from our legitimate use of the submitted Personal Information.
V. PUSH NOTIFICATIONS/ALERTS
With your consent, we may send promotional and non-promotional push notifications or alerts to your device. You can deactivate these messages at any time by changing the notification settings on your device.
VI. STORAGE OF PERSONAL INFORMATION
VII. HOW LONG WE RETAIN DATA
You agree that we shall retain your information for as long as you maintain a user account with us. Upon account deletion, you agree that all collected data remains in our databases. Below are the retention, archiving, and deletion periods:
One (1) year from the date of user account deletion, we place the collected data in our archives;
Five (5) years from the date of archiving of said data, user account information is securely deleted;
For financial transactions, we shall store all records of customer identification and transaction documents for five (5) years from the date of the transaction, unless a different period is prescribed by the AMLC rules/regulations;
We shall retain Personal Information for a longer period if we are required to do so in compliance with a governmental law/regulation and/or order by an administrative body or court of competent jurisdiction.
We may also retain your information as long as your email is subscribed to our newsletters, promotional materials, advertisements, etc. Moreover, we may retain your information when required by Law.
VIII. DISCLOSURE OF PERSONAL INFORMATION
Subject to any limitation and consistent with the guidelines set under the Laws, you consent that we may provide any information collected from you and available to us about you and in connection with your use of the Platform to third parties which include the following –
With the directors, officers, staff and employees of Shari-Shari;
With the US Partner Broker-Dealer, U.S. SEC, FINRA, BSP, AMLC, the authorities authorized to process W-8BEN filings, and other government agencies and instrumentalities as may be necessary to perform the Services;
With our affiliated entities and their employees that provide services or conduct data processing, data centralization and / or logistics purposes on our behalf;
With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf, such as work-related but not limited to:
a. compliance with legal requirements;
b. enforcing our Terms and Conditions or such other applicable policies with respect to the services that we provide;
c. addressing fraud, security or technical issues, to respond to an emergency or otherwise to protect the rights, property or security of our customers or third parties; or
d. carrying out all other purpose set out above;
6. With regulators, law enforcement officials, government authorities, or any competent authority in response to a request for information if we believe that disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process, or not inconsistent with our Terms and Conditions, including the following instances:
a. there is a complaint, dispute, or conflict relating the Platform or any proceedings in defense of claims or enforcement of rights and/or upon any compulsory order by a court of competent jurisdiction or any other ground/s allowed under applicable law;
b. it is necessary to enforce the Terms and Conditions;
c. it is required by applicable law, regulation, ordinance, license, or operating agreement; or
d. it is necessary to protect our safety, rights, property, or security or that of any third party; to detect, prevent, stop or otherwise address fraud, security, technical issues or any activity which we, in our sole discretion, consider to be, or to pose a risk of being, illegal, unethical, or legally actionable;
7. With any other entity in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
The data shall be provided in a manner and form as specified in a separate contract or agreement. Shari-Shari and third parties shall take reasonable measures to protect the data from breach of the agreement or any part thereof or from unauthorized and unlawful disclosure to other parties.
The following shall be observed in sharing data:
The amount of information that shall be collected and processed are defined.
The information shall be provided only to the authorized recipients of date.
Shari-Shari may withhold or order to cease processing or sharing of data at any time if it deems that such processing or disclosure is contrary to Law or adversarial to Shari-Shari’s interests.
Shari-Shari may share anonymized or aggregated information internally and with third parties for any purpose. Such information will not identify you individually.
IX. SECURITY AND INTEGRITY OF INFORMATION
Shari-Shari fully recognizes the value of your Personal Information. Appropriately, we strive to maintain the confidentiality, integrity and availability of your personal information by employing physical, technological and organizational safeguards. We are committed to implementing physical, technological and organizational safeguards to protect Personal Information against loss, misuse, damage and unauthorized processing, access, disclosures or modifications of Personal Information. We train our employees to properly handle your information. Whenever we engage other companies to provide services for us, we require them to protect your Personal Information aligned with our own security standards. We continuously review and enhance our security policies and security measures to consistently maintain a high level of security.
We also require that you use a personal username and password every time you access your account online. As set out in our Terms and Conditions, you must not share your Username and Password with anyone else. You shall be responsible for all communications and/or transactions made via the Platform using your username and password. Shari-Shari shall not be responsible or liable for any loss, damage, cost, expenses, or liabilities arising from, or in connection with the wrongful or fraudulent use of your account.
When you use or access the Platform or the Services, we may collect certain information by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs, and web beacons.
We use and collect only essential data which are absolutely necessary for running the Platform and to provide our Services. We do not collect cookies related to analytics without your permission.
If you do not wish for your Personal Information to be collected via cookies on our website, you may deactivate cookies by adjusting your internet browser settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser. You may view our full cookie consent policy on the Shari-Shari website.
XI. UNSOLICITED IDEA SUBMISSION POLICY
Unsolicited idea (“Unsolicited Idea”) refers to any suggestions including, but not limited to, ideas for new or improved services or technologies, service enhancements, processes, materials, marketing plans or new service names, artworks, new advertising campaigns, and new promotions.
The sole purpose of this policy is to avoid potential misunderstandings or disputes when our services or marketing strategies might seem similar to the unsolicited ideas or suggestions submitted to us. If, despite our request that you not send us any of your ideas or suggestions, you still do so, then regardless of what you expect from us in view of your submission, you are deemed to have agreed upon the following:
a. Shari-Shari will automatically own your submission(s) and their contents as its property, without any compensation or recognition to you;
b. Shari-Shari may use, sell or redistribute the submission(s) and their contents for any purpose and in any way as it deems fit;
c. Shari-Shari does not have any obligation to review any submission(s); and
d. Shari-Shari does not have any obligation for to keep any submission(s) confidential.
XII. DATA PRIVACY RIGHTS
Under the Law, you are entitled to the following data privacy rights:
i. the right to be informed whether your Personal Information shall be, are being, or have been processed;
ii. the right to object to the processing of your Personal Information;
iii. the right to reasonably access your Personal Information;
iv. the right to dispute the inaccuracy or error in your Personal Information and have us correct it immediately and accordingly;
v. the right to suspend, withdraw, or order the blocking, removal or destruction of your Personal Information from our records;
vi. the right to file a complaint with the NPC for any violation of your data privacy rights;
vii. the right to be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your Personal Information not in accordance with this Statement; and
viii. the right to data portability of your Personal Information.
ix. In respecting your data privacy rights, you may opt to tell us;
x. not to send you marketing materials via email;
xi. not to share your information with our subsidiaries and affiliates or with other companies that we have business with provided that such information is not critical nor required by applicable laws and regulations in maintaining the services that you have availed with us;
xii. to provide you with information that we currently have about you subject to restrictions applied to us as a company operating in the Philippines by certain laws and regulations;
xiii. to update your information; and
xiv. about your other concerns relating to how we collect, use, share, protect or dispose your information.
In respect of your right to access and/or correct your Personal Information, Shari-Shari has the right to refuse your requests to access and/or make any correction to your Personal Information for the reasons permitted under the law, for example where the expenses of providing access to you is disproportionate to the risks to your or to another person’s privacy.
XIII. FEEDBACK & DATA PRIVACY SUPPORT
Shari-Shari welcomes any feedback from you regarding any area of our existing services or marketing strategies as you use the Platform. You may send your specific feedback through the Case Management System in the Platform. Any feedback you provide to us shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
In sending your feedback, please do not include any Unsolicited Ideas that are contrary to law, morals, customs, public policy, public order or any of our company’s existing policies. Your feedback is highly appreciated as it serves as a way for us to improve our services and best satisfy your needs.
Data Protection Officer
Unit 1, One Jervois Place, 2902 Danlig St., Brgy. Pinagkaisahan, Makati City 1213
XIV. REASONABLE TIME FOR OUR RESPONSE AND LAWFUL INTERRUPTION THEREOF BY FORCE MAJEURE
You agree with our terms for response within reasonable time; lawful interruption thereof; and force majeure in relation to your exercise of your data privacy rights.
We shall exert our best efforts to address your concerns, complaints, or grievances shall be examined with care, professionalism, and within reasonable time from our receipt of your complete correspondence with us.
Such reasonable time depends on the circumstances of said concern, complaint, or grievance, and shall be deemed lawfully interrupted by certain events beyond the control of any party herein such as but not limited to: acts of God such as natural calamities, typhoons, tornado, volcanic eruption; acts of political instability such as revolution, civil war, insurrection, civil disobedience, riot, terrorism, economic sabotage; threat of spread of mandatorily reportable communicable and infectious diseases such as but not limited to COVID-19, government declaration of public health emergency measures such as national and/or local quarantines and/or other management/employee restrictions; acts of authorities whether lawful or unlawful; prolonged suspension or unavailability of public transportation, telecommunication, and electric utilities; and other force majeure events (“Force Majeure Event”).
XVI. ACKNOWLEDGMENT AND CONSENT
By submitting the required Personal Information to us, you consent to such collection, disclosure and use thereof. You hereby expressly waive and release us from any and all liability, claims, causes of action or damages arising from our legitimate use of the submitted Personal Information.
We collect the following Personal Information:
COOKIE CONSENT POLICY
What is a Cookie?
Cookies are a small piece of information (including but not limited to small text files) that can be transferred by the web server and/or stored in a web browser, computer hard drive, cellular phone, tablet, other personal communication devices, applications or web tool (“Device”). Small graphic images such as “pixel tags” or “clear GIFs”, or small computer files, computer programs, and similar technologies that store information on your Device or collect information or help us to identify you, your account or Device can also be included on our Platform. Cookies are widely used to remember you and your preferences, either for a single visit or multiple repeat visits.
When you visit the Platform, your “cookies” are used to customize, enhance, and optimize your browsing, user, and overall experiences. Some cookies are also stored in the Platform since they provide various functions and facilitate certain features, such as storage of certain information that can be retrieved by the web server which can make the internet surfing experience more comfortable and useful for all users.
Anyone who uses multiple accounts or devices (including computers with different browsers) has several sets of cookies. In addition, cookies do not distinguish between several users who share the same user or device account. If more than one browser is used on a computer, each usually has a separate cookie store. Cookie can have no expiration date and can remain stored on your device for months.
Cookies cannot be used to get data from your hard drive, retrieve e-mail addresses or steal sensitive or personal information about you. The only way you can make any personal information part of your cookie file is if your device provides that information to a web server.
a. It helps us verify your account and protect its security by detecting malicious activities. For example, we can identify and impose additional security measures when someone attempts to access your account without your authorization such as by rapidly guessing different passwords;
b. It helps us combat violations of our Terms and Conditions or otherwise degrades our ability to provide our Services;
c. It helps us provide you with the relevant content and Services through the Platform administration. For example, we can show you ads and recommendations in relation to your business;
d. It distinguishes you from other users when you return to the Platform which allows maximum and convenient browsing experience. For example, cookies can tell us your language and communication preferences; and
What Types of Cookies do we Use?
If you want to know more about certain Cookies that we use, please refer to the information below:
a. Strictly Necessary Cookies
This cookie is important for the feasibility of operating our Platform. This cookie allows you to move around our Platform and the Platform features such as remembering previous actions when navigating back to a page in the same session. Cookie allows you to access parts of our Platform which are restricted to registered users. Without this cookie, you cannot enter or return to the Platform or move through various parts without having to continuously identify yourself by sending back your data (for example, an encrypted username or customer identification number). This cookie also helps us to protect the security of your account by notifying us when several people log in from the same device or account.
b. Functionality Cookies
This cookie is used in our Platform administration to:
1. allow us to improve the user experience by enabling us to personalize our content for you, greet you by name, remember your preferences (for example, choice of language or region) and the type of information that you are interested in receiving when you visit certain sites (for example , if you choose the option “remember me on this computer”); and
2. allows us to remember your related information during your current visit, and any future visits when you register with us or fill out our online form, provided that the cookie is not temporarily deleted.
c. Targeting / Advertising Cookie
This cookie records your visit to the Platform and our content that you have visited and the links that you have followed. We will use this information to interpret or conclude what interests you, display advertisements that are relevant to your interests, and build your profile and customize information about you. based on indicated preferences, other information we have about you as a user, and information available from external sources.
d. Analytical/Performance Cookies
This cookie allows us to collect statistical data for analysis to ensure that our Platform is functioning properly. It allows us to identify Platform errors or poor performance in terms of navigation and usability. It also helps us evaluate the effectiveness of our marketing efforts. The information we compile includes but is not limited to:
i. the domain name and country of origin of the internet service provider;
ii. the volume of traffic of our site or web pages viewed;
iii. patterns of use of our Platform;
iv. address of sites visited before and after visiting our Platform;
v. referral page information to track the success of our marketing efforts in attracting people to our Platform;
vi. user responses to various advertising campaigns and user activities;
vii. “click stream” activities or the paths taken by visitors in a site as they navigate from one page to another, how the users move around our Website and the files that are downloaded;
viii. transactional attributes in accordance with the information you have voluntarily provided while using our Platform; and
ix. over-all Platform performance.
How to Avoid and/or Deactivate Cookies?
You can decide on how your device will accept, limit or block cookies by configuring your preferences or choices through your web browser settings. In addition, you can also configure multiple devices to notify you when a cookie is being placed and thereafter decide whether you will accept the cookie. You can also request to activate “private browsing”, a function offered by most web browsers. Even though private browsing does not totally block cookies, this will allow you to delete all cookies specific to the browser and device every time you close the browser or activate private browsing on that particular device. Some applications or web tools (e.g., Flash Cookie) allow you to restrict or block cookies in different ways or through different processes.
Your device, application or web tool can or cannot include one or all of the above functions to allow you to set cookies. For more information about whether the function is available and how the functionality works, visit the help menu on your device, application or web tools. Functionality on your device, application or web tools can be set through a different interface than the one provided by your web browser.
If you only browse the Platform and you are not a registered user, you may still be able to use the Platform without agreeing to our cookie. However, limiting or blocking cookie can affect the usability of the Platform. For example, you might not be allowed to watch videos or view other Platform contents.
You may choose to change the settings of your online browsers to prohibit, restrict, or at least notify you of cookie collection. We inform you that disabling collection of cookies may affect or completely disable some features or portions of the Platform or prevent us from performing our Services.
Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete. I further certify under penalties of perjury that:
I am the individual that is the beneficial owner (or am authorized to sign for the individual that is the beneficial owner) of all the income to which this form relates or am using this form to document myself for chapter 4 purposes,
The person named on line 1 of this form is not a U.S. person,
The income to which this form relates is:
o not effectively connected with the conduct of a trade or business in the United States,
o effectively connected but is not subject to tax under an applicable income tax treaty, or
o the partner’s share of a partnership's effectively connected income,
The person named on line 1 of this form is a resident of the treaty country listed on line 9 of the form (if any) within the meaning of the income tax treaty between the United States and that country, an
For broker transactions or barter exchanges, the beneficial owner is an exempt foreign person as defined in the instructions.
Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the income of which I am the beneficial owner or any withholding agent that can disburse or make payments of the income of which I am the beneficial owner. I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect.
Email address: [auto-generated]
Capacity in which acting: Individual
Date and Timestamp: [auto-generated]
IP Address: [auto-generated]
In compliance with the Data Privacy Act (DPA) of 2012, and its Implementing Rules and Regulations (IRR), I consent and allow Shari-Shari Innovations Inc. (the “Company” or “Shari-Shari”) to collect and disclose my Personal Information as declared in the W-8BEN Form (Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting for Individuals) to all necessary legal institutions in order to enable my access to the Services in the Platform pursuant to our Terms & Conditions.