This Privacy Policy (“Privacy Policy”) by Shari-Shari Innovations Inc. (the “Corporation”, “Shari-Shari”, “we”, or “us”) applies to persons (collectively “Users”) using Shari-Shari’s platform accessible via https://app.shari-shari.io/ and website accessible at https://shari-shari.io/ (the "Shari-Shari Website", and together with the Shari-Shari Platform, the “Platform”), and such other services as Shari-Shari may provide from time to time (collectively “Services”). Users shall be collectively referred to herein as “you”.

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If you do not agree to be bound by all of the terms of this Privacy Policy, please exit the Platform immediately and do not use the Platform. We may, at any time and at our sole discretion, amend and update this Privacy Policy; provided, that any amendment shall be communicated to you via the Platform, our website and/or your registered email address. You acknowledge and agree that your continued use of the Platform after our notification to you of any amendment to this Privacy Policy shall be deemed as your consent to the amended/updated Privacy Policy.

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You are responsible for regularly reviewing this Privacy Policy. Any such amendments, modifications and/or updates will be effective immediately upon posting on the Platform (app.shari-shari.io). Your continued access or use of the Platform after the posting of such amendments, modifications and/or updates confirms your acceptance and consent to be bound by the Privacy Policy, as amended.

 

I.   COLLECTION OF PERSONAL INFORMATION

 

Under this Privacy Policy, your Personal Information (“Personal Information”) which we collect shall include, but is not limited to the personal information as enumerated in ANNEX A.

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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”).

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By accepting this Privacy Policy and submitting the required Personal Information or User Content to us, you consent to such collection, disclosure, processing and retention 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 information, Personal Information or User Content.

 

II.   USAGE AND AUTOMATICALLY COLLECTED INFORMATION

 

When you access or use the Platform, we automatically collect information about you, including:

 

1. Financial information and investment objectives. We collect financial information and investment objectives related to your use of the Services.

2. 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.

3. 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.

4. Location information. In accordance with your device permissions, we may collect information about the geo-location of your device.

 

III.   USE OF PERSONAL INFORMATION

 

Shari-Shari may use and process your Personal Information consistent with this Privacy Policy, the Terms and Conditions, and the Law, for the following purposes:

 

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;

               xiv.        To communicate with you for any of the purposes listed in this Privacy Policy and our Terms and Conditions;

                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

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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:

 

1.    You have been notified of the existence of, you have read, and you understand with our Privacy Policy and our Terms and Conditions;

 

2.    You absolutely agree with our Privacy Policy and Terms and Conditions, and all of its contents such as but not limited to your representations and warranties, your agreement with and related waivers concerning our and our partners’ limitation of liabilities, and assumption of certain responsibilities in exercise of your data privacy rights;

 

3.    By accessing, benefitting from, using, and/or giving consent to our varied platforms, whether in print or via our online software systems, directly or indirectly, such as the latest official build of our Platform and/or through our Services, you agree to be bound to our Privacy Policy and Terms & Conditions. You agree to having your data collected, corrected, transferred, stored, retrieved, used, retained, shared, deconstructed, and/or destroyed in the manner disclosed in our Privacy Policy and our Terms & Conditions;

 

4.    You will keep yourself updated with any changes in our Privacy Policy and Terms and Conditions, and your continued use of our Platform and Services indicate your agreement with any additions, changes, subtractions, or modifications thereto;

 

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

 

All information provided to us may be stored, processed, and/or accessed by us, for business purposes in order to provide you our Services, including for marketing, service development and improvement, industry and market, research, and such other lawful purposes consistent with this Privacy Policy, our Terms and Conditions, including applicable Terms and Conditions of third-party applications, and the Law.

 

  

VII.   HOW LONG WE RETAIN DATA

 

All information provided to us may be stored, processed, and/or accessed by us, for the purposes consistent with this Privacy Policy, and such other lawful purposes consistent with our Terms and Conditions, and the Law.

 

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.

 

You understand that you are, at any time, free to unsubscribe from our newsletters, delete your profile, uninstall our Platform from your devices, and/or submit an official request for deletion of your data, subject to this Privacy Policy. Should you wish to have your Personal Information deleted and destroyed or you wish to withdraw your consent in the processing of your personal information, you may do so by contacting us. You understand and acknowledge that by requesting to delete your profile and any personal data in the Platform, Shari-Shari will be unable, and thereby cease, to provide to you any of its services thus triggering the closure and termination of your Shari-Shari Account in accordance with our Terms & Conditions.

 

 

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 –

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1. With the directors, officers, staff and employees of Shari-Shari;

2. 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;

3. With our third-party providers listed in ANNEX B of this Privacy Policy with whom you choose to let us share your Personal Information;

4. With our affiliated entities and their employees that provide services or conduct data processing, data centralization and / or logistics purposes on our behalf;

5. 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;

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b.  enforcing our Terms and Conditions or such other applicable policies with respect to the services that we provide;

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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

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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:

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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;

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  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.

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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.

 

X.   USE OF COOKIES AND OTHER DATA COLLECTION TECHNOLOGIES

 

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.

 

For any queries, clarifications or requests on any aspect of this Privacy Policy, the exercise of your rights pertaining to your Personal Information or to provide any comment about our processing of Personal Information, please get in touch with our data protection officer:

Data Protection Officer

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compliance@shari-shari.io

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”).

 

 

XV.   CHANGES TO THIS PRIVACY POLICY

 

From time to time we may modify, update or amend the terms of this Privacy Policy by placing the updated Privacy Policy on our website. The effective date of such modifications, updates or amendments will be noted as the date at the beginning of the Privacy Policy. You should therefore review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding the processing and/or use of your Personal Information, your Personal Information will continue to be governed by the version of the Privacy Policy to which such Personal Information was subject (prior to those changes), unless you have been provided notice of, and have not objected to, the changes. By continuing to communicate with Shari-Shari, by continuing to use our Services or by your continued engagement with Shari-Shari following the modifications, updates or amendments to this Privacy Policy, such actions shall signify your acceptance of such modifications, updates or amendments.

 

 

XVI.   ACKNOWLEDGMENT AND CONSENT

 

By communicating with us using the Platform and our Services, you acknowledge that you have read and understood this Privacy Policy and agree and consent to the use, processing and/or transfer of your Personal Information by us as described in this Privacy Policy.

 

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.

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