Esquire Financing Inc. Terms and Conditions

1. Introduction

   The terms “Esquire Financing Inc.” , “Lender” , “we” , “us” and “our” refer to Esquire Financing Inc. The terms “Borrower” and “you” refer to the enrolled inquiry of Esquire Financing Inc.’s business loans.

   These Terms and Conditions form the contract between you as a borrower and Esquire Financing Inc. as the lender. By accessing this website, you agree to be bound by these website Terms and Conditions of Use, all applicable laws, rules and regulations and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing the website.

2. ACCESS TO BUSINESS LOAN INQUIRY

   1. The website may be accessed (7) days a week, twenty four (24) hours a day. However at certain times, some or all of Esquire Financing Inc. services may not be available due to system maintenance.
   2. We shall provide you with detailed instructions on how to apply a business loan from Esquire Financing Inc. through our Loans Specialists, within forty-eight (48) working hours after logging in your contact information.
   3. Engaging in activities that disrupt or interfere with the resources of this website, including the servers and/or networks to which such resources are located and connected, is strictly prohibited.

3. SECURITY AND CONFIDENTIALITY

   The following contact/personal information may be collected from you should you wish to avail of the services in this site:

   1. You can log in your contact details and wait for our Loan Specialists to contact you to file your loan application, whereupon you agree to take full responsibility for protecting your personal information.
   2. You agree to use secure communication lines and internet connection when applying for a business loan in Esquire Financing Inc. Before logging in your contact details or sending personal information, please ensure that the correct website has been accessed.
   3. You are responsible for maintaining the confidentiality of any contact information you log in.

4. ACCURACY OF INFORMATION

   1. You agree that you are responsible for and must take all reasonable case to ensure that any information you provide are accurate, current and correct. Esquire Financing Inc. accepts no responsibility and liability for the accuracy of the information or for the failure to transmit such information in the manner requested by you.
   2. You are responsible for verifying business loan history and details and statements to make sure that there are no unauthorized transactions. In case there has been an error in your business loan inquiry, you may call Esquire Financing Inc. Customer Service at the following telephone number:

   (02) 811.8888

   3. We will inform you of the results of our investigation immediately, and we will correct any error promptly. However, we do not guarantee reversal of your transaction that has been completely consummated and is irreversible. Esquire Financing Inc. shall not be liable for any actual, direct, special and consequential damage, injury or loss incurred as a result of or arising from such error.

5. COPYRIGHT

   The materials contained in this website are protected by applicable copyright and trademark law. All copyright, trademarks and all other intellectual property rights in this website and its content are owned by, licensed and used by Esquire Financing Inc. as permitted by law. You will not use this website for any purpose that is unlawful or prohibited.

   Further, you agree that you shall not:

   1. Modify or copy the materials in this website.
   2. Attempt to decompile or reverse engineer any software contained in this website.
   3. Use the materials in this website for any commercial purpose, or for any public display.
   4. Remove any copyright or other proprietary notations from the materials in this website
   5. Transfer any materials in this website to another entity or “mirror” materials on any other server.

   You further agree not to use any electronic communication feature in the website for any purpose that is unlawful, tortuous, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene or threatening.

6. DISCLAIMER

   Materials provided on this website are provided “as is” without warranty of any kind, either express or implied. Esquire Financing Inc. specifically does not make any warranties or representations as to the accuracy or completeness of any such materials. Esquire Financing Inc. periodically adds, changes, improves, or updates the materials on this website which may be done without notice and your continued access or use of this website shall be deemed your acceptance to the modified terms and conditions. Under no circumstance shall Esquire Financing Inc. be liable for any direct, indirect, incidental, special or consequential damages, even if it has been advised of the possibility of such damages.

7. LIABILITY

   You agree to assure and hold Esquire Financing Inc. and its parent companies, subsidiaries and affiliates, directors, managers, officers, associates, assistants and licensors free and harmless, as well as indemnify them, from any and all losses, expenses, damages and costs resulting from any violation of these terms and conditions.

   You also agree to assure and hold us free and harmless from any liability arising from any loss or damage of whatever nature in connection with the loan applications coursed through this website in the following instances:

   1. Disruption, failure or delay relating to or in connection with the website with are due to circumstance beyond our reasonable control.
   2. Loss or damage you may suffer arising out of any improper, fraudulent access or utilization of the website due to theft or unauthorized disclosure of your contact information or violation of other security measures with or without your participation.
   3. Inaccurate, incomplete or delayed information you received due to disruption or failure of any communication facilities used for the website.
   4. Such other circumstances or reasons which effectively prevent Esquire Financing Inc. from processing your business loan inquiry.

8. REVISIONS

   The materials appearing on the website could include technical, typographical, or photographic errors. Esquire Financing Inc. does not warrant that any of the materials on its website are accurate, complete, or current. Esquire Financing Inc. may make changes to the materials contained on the website with or without notice. Esquire Financing Inc. does not, however, make any commitment to update the materials.

9. MODIFICATION OF TERMS AND CONDITIONS

   Esquire Financing Inc. may revise the Terms and Conditions of use for this website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. LINKS

    Esquire Financing Inc. has not reviewed all of the sites linked to this website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Esquire Financing Inc. of the linked site. Use of any such linked website is at your own risk.

11. GOVERNING LAW

    Any claim relating to this website shall be governed by the laws of the Republic of the Philippines.

Esquire Financing Inc. Privacy Policy

Esquire Financing Inc. (EFI) uses cookies which help us know how you use our website. These cookies help us improve your browsing experience and to serve you with content tailored to your interests. To continue using our website, you agree and accept our use of cookies.

DATA PRIVACY STATEMENT

Maintaining your privacy is an important part of the products and services that we provide. This Privacy Statement, hereafter referred to as “Statement”, explains how we collect, protect, use, and share information when you access our websites and/or apply for and avail of our products and services.

This Statement outlines the general practices of Esquire Financing Inc. (“EFI”) in relation to our processes and content which are made available through our network of websites, our online and mobile applications, and social media pages (collectively referred to as “websites”).  This Statement also covers the privacy practices for our customers who apply for and obtain products and services from us, such as, but not limited to, business loans, car loans, truck loans, and other such products and services that EFI may offer from time to time.

The privacy practices described in this Statement are primarily intended for individuals situated in the Philippines and are designed to comply with the Data Privacy Act of 2012 (R.A. 10173) and its implementing rules and regulations.  When accessing our websites and/or availing of our services from outside the Philippines, you acknowledge and agree that your information may be transferred to and processed in the Philippines following legal and regulatory standards for data protection that may differ from your current or home jurisdictions.

Information Collected

When you apply for or avail of any product or service that EFI offers or when you interact with our employees, authorized representatives, agents and service providers, we collect your personal information. This may include, among others:

• your name and personal particulars such as contact details, address, birthdate, education;
• specimen signatures;
• government ID details;
• financial information (such as income, expenses, balances, investments, tax, insurance, financial and transaction history, etc);
• employment details;
• business interests and assets;
• images via CCTV and other similar recording devices and processes which may be observed when visiting our offices and/or using our other facilities;
• voice recordings of our conversations with you

We may, as and when necessary, seek to verify or augment these information with third-party entities including government regulators, judicial, supervisory bodies, tax authorities or courts of competent jurisdiction and, in the process, gain additional information about you.

In the course of availing our products and services, we also collect information about your transactions and dealings which include your account activities, movements and interactions with third parties such as, but not limited to, merchants, utility companies, and your suppliers and clients.

When you access our websites, we may provide information about us as well as information regarding our products and services. If you have enrolled your account as a condition of use, you may conveniently access your accounts through the website.  In the course of using our network of websites and electronic platforms, we may collect non-personal information such as those provided by your device which may include the IP address, operating system, browser type and version, and other machine identifiers.  We may likewise use web analytics tools, including those of third parties’, that use cookies to collect anonymous information and data generated in connection with your activities when you visit the pages and our network of websites.

We may also collect, use and keep your personal opinions or comments made known to us via feedback or responses to surveys or any other interaction that you had with our employees, authorized representatives, agents and service providers.

Utilization of Information

We use the information collected to deliver and provide the products and services that you have availed to:

• approve, facilitate, administer and process applications and transactions;
• respond to queries, requests and complaints and improve how we interact with you;
• send you statements, billings, notices and other such documents necessary for continued use of our products and services;
• conduct studies and researches for the purpose of reviewing, developing and improving our products and services;
• perform profile analysis, behavioral modeling and analytics to understand needs, preferences and market trends to be able to improve and recommend suitable products and services;
• reach out to you regarding products and services information, including offers, promotions, discounts, rewards; and for personalizing your experience with our various touchpoints such as branches, call center, telemarketing, email, messaging and other channels;
• determine the effectiveness of our marketing efforts and initiatives;
• perform certain protective safeguards against improper use or abuse of our products and services including fraud prevention;
• comply with our operational, audit, administrative, credit and risk management processes, policies and procedures, the terms and conditions governing our products, services, facilities and channels, the Bangko Sentral ng Pilipinas rules and regulations, 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.
• comply with applicable laws of the Philippines and those of other jurisdictions including the United States Foreign Account Tax Compliance Act (FATCA), the laws on the prevention of money laundering including the provisions of Republic Act No. 9160 (Anti-Money Laundering Act of 2001, as amended (AMLA) and the implementation of know your customer and sanction screening checks
• comply with legal and regulatory requirements such as submission of data to credit bureaus, credit information companies, the Credit Information Corporation (CIC) (pursuant to RA No. 9510 and its implementing rules and regulations) responding to court orders and other instructions and requests from any local or foreign authorities including regulatory, governmental, tax and law enforcement authorities or other similar authorities;
• perform other such activities permitted by law or with your consent.

We may share your personal information with our subsidiaries, affiliates and third parties, under an obligation of confidentiality.

• We may share personal information with various units within EFI in order to better understand the way you use our products and services.  This will allow us to improve our services and offer you opportunities to obtain such other useful products and services that may deliver greater value to you.
• We may share information with our subsidiaries and affiliates to likewise offer you additional products and services that we believe you might find interesting.
• We may share with third parties that we engaged to support us in delivering our services to you.  These may involve anonymous or aggregated information to help improve our products, services, and content.
• We may also engage third parties to help us operate our business.  These include support in:
  • complying with legal requirements such as court orders;
  • enforcing our terms of use including, among others, our rights as creditor to customers availing of our loan or credit products, or such other applicable policies with respect to the services that we provide;
  • 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;
  • to carry out all other purposes set out above.

Further, if you are, become, or apply to become a client of any of our subsidiaries and affiliates, EFI and the subsidiary/ies and/or affiliate/s concerned has the option, but not the obligation to, rely upon, use, and share your relevant personal and/or account information for any of the following purposes:

1. To facilitate your application with the concerned subsidiary/ies or affiliate/s;
2. To validate, consolidate or update your customer information records and/or credit history;
3. To provide consolidated billings, deposit or other reports as you may request;
4. To send you reminders, announcements, promotions, offers, invitations and other notifications;
5. To enroll you in loyalty or similar client-oriented programs of EFI and its subsidiary/ies or affiliate/s;
6. For research purposes or to design financial, investment or other related products or services for your use;
7. For promotional and/or marketing activities of EFI or of the concerned subsidiary/ies or affiliate/s; and/or
8. To comply with a legal obligation to which EFI or the concerned subsidiary/ies or affiliate/s is subject.

We may transfer, store, and/or process your personal data outside the Philippines. In doing so, we will comply with the Data Privacy Act and its implementing rules and regulations.

We wish to assure you that we do not, and will not, sell personal data to any third parties.  All our engagements with third parties shall be fully compliant with our obligation of confidentiality imposed on us under the applicable agreements and/or terms and conditions or any applicable laws that govern our relationship with you.

Privacy of Information

We fully recognize the value of your personal information particularly as it may include sensitive personal information such as your gender, government-issued IDs, etc.  Appropriately, we strive to maintain the confidentiality, integrity and availability of your personal information by employing physical, technological and procedural safeguards.  We train our employees to properly handle your information.  Whenever we engage other companies to provide services for us, we require them to protect personal information aligned with our own security standards.

Retention of Information

Your personal information shall be retained for as long as the purpose for which it was collected, and such other purposes that you may have consented to from time to time, remains in effect and until such time as it is no longer required nor necessary to keep your information for any other legal, regulatory or business purposes.

Rights to Privacy of Information

In respecting your rights to privacy, you may opt to tell us:

1. not to send you marketing materials via email or SMS;
2. 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 from us;
3. 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;
4. to update your information;
5. about your other concerns relating to how we collect, use, share, protect or dispose your information.

We may charge a fee for processing your request/s for access and/or update. Such a fee depends on the nature and complexity of your request. Information on the processing fee will be made available to you prior to making the request.

Contact Information

For any queries, clarifications or requests on any aspect of this Statement, the exercise of your rights pertaining to your personal information or to provide any feedback that you may have about our processing of personal information, please visit any of our branches or get in touch with our Customer Service Representative at (02) 8811 8888 or email us at customercare@esquire.com.ph, during regular office hours, from Mondays to Fridays.

You may also write our Data Protection Officer at:

Data Protection Officer

Esquire Financing Inc.

31/F Penthouse, High Street South Corporate Plaza Tower 1

26th Street, Bonifacio Global City, Taguig City PH 1634

Modification of Data Privacy Statement

We may modify or amend this Data Privacy Statement from time to time to keep up with any changes in relevant laws and regulations applicable to us or how we collect, use, protect, store, share or dispose of your personal information.  Any relevant updates will be posted on the EFI website.

Personal Information/Data - 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 the entity holding the information, or when put together with other information would directly and certainly identify an individual.

Sensitive Personal Information/Data - refers to personal information:

1. About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
2. About an individual's health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
3. Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
4. Specifically established by an executive order or an act of Congress to be kept classified.