Garnished and Freezed Accounts. Upon our receipt of a notice or order from a court or other competent authority directing the garnishment, attachment, freezing, sequestration or receivership of your accounts, we shall automatically place the amount required to be garnished in your accounts on hold and no withdrawals from it shall be allowed until such order is lifted. Time deposits that are included in any garnishment, freezing, sequestration or receivership order shall be treated as a regular savings account upon maturity, in accordance with existing regulations, and shall likewise be placed on hold until said order is lifted. 

 

You hereby hold us free and harmless from and against any and all liabilities which may arise by reason of our compliance with the above-stated notice or order from a court or other competent authority. 

​

Debits to Account. We reserve the right to debit, without need of prior notice to you, your account/s for all applicable taxes, fees, duties, penalties and other charges due to us or as may hereafter become due at the rate and in the manner provided by applicable laws and the rules and regulations issued by the Bureau of the Internal Revenue (BIR), BSP or any government authority. 
 
You must also recompense us for costs incurred in our effort to recover amounts that you owe us. These include but are not limited to collection fees and attorneys' fees. You agree to indemnify us for attorneys' fee of at least ten percent (10%) of the amount due plus accrued interest. Should you be unable to pay, these costs and fees will be charged against your account. 

 
Pledges on Deposit Accounts. You undertake to advise us in writing of your intention to assign or pledge deposits as collateral for an obligation. You agree to comply with the requirements that we will impose for such assignments or pledges. 
 
Hold Deposit. Should you desire to put a portion or all your funds with us on hold for a certain period of time, you shall provide us with written and signed instructions in the form that is acceptable to us. During this hold period, you will not be able to withdraw or cause any withdrawal against said funds. Withdrawal shall include but not be limited to over-the-counter, internet banking or ATM/POS transactions and the issuance or drawing of checks that will reduce the amount on hold. You hereby hold us free and harmless from any and all liability arising from our compliance with your hold deposit instructions, including but not limited to dishonored checks made payable during the holding period and for which service fees shall be automatically charged against your deposit account.

​

Inactive Accounts 

Komo Savings Account. Your account will be considered inactive if there is no account holder-initiated deposit or withdrawal transaction on your account for 60 consecutive days. If your Account has been inactive after providing you the required notifications under applicable laws and regulations, the Bank may impose applicable fees and automatically close your account. 

 

Dormant Accounts 

Dormant Komo Savings Accounts. If your Account has been inactive for two (2) years after providing you the required notifications under applicable laws and regulations, your account will be considered dormant and dormancy fees may be imposed after a period of five (5) years from the last deposit or withdrawal transaction in your account.  If your account has no remaining balance at the time, it became dormant, it may be automatically closed by the Bank without prior notice to you. 

​

In addition to dormancy fees, the Bank may likewise impose other service fees on the dormant accounts as maybe notified to you in accordance with applicable laws and regulations. 

​

Any account with remaining balance that has been inactive for ten (10) years shall be included in the list of unclaimed balances to be submitted to the Treasurer of the Republic of the Philippines and will be subject to escheatment in favor of the Government of the Republic of the Philippines in accordance with the Unclaimed Balances Act (Republic Act No. 3936), as amended. 

​

Other East West Rural Bank Accounts. Accounts will become dormant if they are inactive (no client- initiated transactions) for two (2) years for savings accounts and one (1) year for checking accounts. You may reactivate your dormant accounts by giving us your personal instructions. You have to be physically present at the branch of account to update your specimen signature card and to make an over-the-counter transaction (deposit or withdrawal). We need to fully establish your identity before reactivating your account and will therefore require you to present valid IDs before processing reactivation or closing your dormant account. 

Accounts which remain dormant for ten (10) consecutive years shall be escheated in favor of the Treasurer of the Philippines. If the “unclaimed balance” has been deposited by the Bank to the Treasurer of the Philippines, you will have to go directly to the government to file for any claim on the funds.

​

Deceased Depositor.  

Komo Savings Account. In the event of death of an account holder, the executor, administrator and/or legal heirs, of the account holder must immediately inform the Bank of the fact of such death.  In accordance with local tax laws and regulations, the withdrawal of the funds corresponding to the ownership interest of the deceased maybe allowed within 1 year from the death of the account holder, subject to the presentation of the documents as required by relevant regulator and the payment and/or withholding of applicable taxes.  

​

After the lapse of the one (1) year period, the executor/administrator and/or legal heirs must pay the estate tax due on the account holder’s estate and secure the tax clearance certificate from the regulator together with the documents required before the funds can be withdrawn. 

​

In all cases, the executor/administrator and/or legal heirs of the account holder shall each indemnify the Bank for any expenses, losses, or damages the Bank may suffer by virtue of or in relation to their withdrawal of the funds. 

​

Other East West Rural Bank Accounts. We will freeze your deposit account upon the notice of your or your co-account holders’ (for joint accounts) death until necessary legal documents are presented. Claimants shall likewise comply with procedures that we set forth in claiming such deposits with us. 

 
Transaction Corrections and Reversal. You further authorize us, our employees and our representatives, to effect correction or reversal of any confirmed error or misposting on the account without us incurring liability as consequence thereof. 

 
Bank-Initiated Account Closure. We may terminate or suspend the use of your Account at any time, with or without notice to you and without us incurring any liability as a consequence of such termination or suspension, if: 

1. You have breached these Terms and Conditions; 

2. If, in our reasonable opinion, your account is mishandled as determined pursuant to our existing policies and procedures, or if your account or your Card is being used for any unlawful or illegal activity or transactions; 

3. In case of closure, termination, suspension, garnishment, hold-out or other similar restrictions on your account 

4. If we have reason to believe that your Card or account has been compromised or that there has been fraudulent or unauthorized use of your Card or account or any information pertaining thereto; or 

5. We consider that there exists another reasonable ground/s to do so. 

6. After 90 consecutive days of a Komo savings account having zero balance. 

 

We may, at any time, return to you the whole or any part of your deposit(s) together with any interest due thereon minus any unpaid charges/obligations due or payable to us and net of applicable taxes. We, at our option, may notify you either personally, by mail, email, SMS or any other electronic means, of our intention on your account, and interest, if any is due, shall cease from the date of such notification. 

 

Customer-Initiated Komo Account Closure. To close your Komo account, you must first withdraw the outstanding balance in your account. You may withdraw the full balance by initiating a transfer to another bank using the Komo app or by withdrawing through any East West/BancNet ATM. You may also opt to waive any remaining balance in your account up to P200. If you request for account closure but do not explicitly confirm the intention to waive the remaining balance in your account, we may proceed with closing the account and the balance which shall not exceed P200 shall be forfeited in favor of the Bank together with any accrued interest that has not yet been credited to your account at the time of closure. 

​

To initiate closure of your account, simply email support@komo.ph or call (02)8888-1777 to file your request. Upon receiving your request, we will check your account to ensure that there are no outstanding cases, accountabilities, or obligations associated with it. While we are checking your account, you may still revoke the request for account closure. However, once the account has been successfully closed, you will not be allowed to open another Komo account for 90 calendar days immediately after the date of closure. 

​

Other East West Rural Bank Accounts. You may request us to terminate or suspend the use of your Card through any of the following: 

1. Your duly signed written instructions delivered to and received by us 

2. Phone instructions given to our authorized representative 

3. Facsimile 

4. Email 

We will, on a best-efforts basis and to the extent practicable, immediately effect the requested cancellation or termination You will remain responsible for any transaction made on your account(s) until the time that we effect the termination or suspension of the use of your account. 

​

Liabilities beyond Account Termination. These terms and conditions and any and all of your accrued but unpaid obligations to us will survive the termination of your right to use your account. In case the account is determined to be used for illegal activity, such as but not limited to selling of accounts on social media and opening accounts for an ultimate beneficiary owner other than the account applicant, the Bank may also file the necessary legal actions to protect its interest with expenses to be borne by the client. 

​

PRODUCTS AND SERVICE OFFERS 

Products and Service Offers. We may, from time to time, introduce products, programs, privileges, benefits, facilities or services to be governed by their specific terms and these Terms and Conditions. The introduction, terms and conditions, restrictions, termination or withdrawal, duration and/or change of such programs will be at our sole discretion and you may not compel us to offer any programs to you. You agree and authorize us to send promotional advertisements of our products and services to you through postal mail, short messaging services, multimedia messaging services, email and other forms of electronic communication. 

​

Option to Opt-Out from Receiving Komo Promotional Advertisements and Offers 

You may choose to opt-out from receiving promotional advertisements and offers by sending us an e-mail at support@komo.ph or configuring your notification settings inside the Komo app. 

​

ALTERNATIVE CHANNELS BANKING SERVICES  

Komo Digital Banking App. Komo is a digital banking service of East West Rural Bank, Inc., a wholly owned subsidiary of East West Banking Corporation. It is a mobile application that lets you access your Komo account and/or existing East West Rural Bank account/s that you’ve opened with an EWRB store. 

East West Rural Bank, Inc. and East West Banking Corporation are banking entities. They are regulated by the BSP, AMLC, and SEC, among others, and are each a member of PDIC. East West Banking Corporation is also a publicly listed company in the Philippine Stock Exchange and is regulated by the same. 

​

How do you use the Komo Mobile App? 

The use of the Komo Mobile App involves the transmission of information through the Internet. Downloading and accessing the Komo Mobile App is not the same as opening a Komo Savings Account.  

​

The Komo Mobile App is an access point to your East West Rural Bank accounts, where you can check your balances; check your transactions; pay bills; purchase products and services from the Bank or its third party service providers/partners; initiate fund transfers to your own accounts with East West Bank and East West Rural Bank, to your own accounts with other Philippine banks, to third party accounts with Komo, to third party accounts with East West Bank and East West Rural Bank, to third party accounts with other Philippine banks. 

​

Registration and Access 

When you download and open the Komo Mobile App for the first time, you will be asked to either open a Komo Savings Account by completing our onboarding process or link your existing East West Rural Bank account. During the onboarding, you will need to register your mobile phone number through an OTP challenge. You will also need to nominate a six (6)-digit passcode. Once both your mobile phone number and passcode are registered, your mobile device will be registered with us, and the Komo Mobile App will be bound to the registered mobile device. Your Komo mobile application account can only be accessed via one device at a time. Logging in on another device would log you out of the initial mobile device you were using. This is a security feature that ensures that only you can have access to your Komo Mobile App. You may change your registered mobile device through the Komo Mobile App. 

​

For Komo Savings account application, you will be generated an account number and be able to fully use all the features and services of the Komo Mobile App upon bank’s approval of your application. 

​

Once registered, you may access the Komo Mobile App anytime by inputting the 6-digit passcode you nominated during onboarding or via biometric authentication if activated. If you forgot your passcode, you may reset it in the Komo Mobile App. You may change your 6-digit passcode anytime through the Komo Mobile App. You will also be prompted by the app to enable logging in via Biometrics, which you can choose to set-up immediately or later. The type of biometric authentication you can enable will be dependent on your mobile device, but will either be (1) your fingerprint, or (2) your Face ID.  

 

Access Lock-out 

Your access to the Komo Mobile App will be suspended for a set period if you: 

• enter the wrong passcode three (3) consecutive times 

• enter the wrong OTP on financial transactions (i.e. funds transfer, bills payment, buy load, insurance, approval of request money)For every failed attempt after the first three (3), your access to the Komo Mobile App will be suspended at increasing amounts of time between being allowed to try the next input. You will be able to regain access once the suspended period lapses and you are able to provide the correct passcode. Succeeding incorrect inputs will double the waiting time in between being allowed to try again.  

Your access to the Komo Mobile App will be locked and would need customer support assistance if you: 

• enter the wrong PIN code during PIN reset and card blocking via the Komo app three (3) consecutive times. 

• enter the wrong account information needed for change device three (3) consecutive times 

• Bank initiated deactivation for account security such as but not limited to account activity triggering its fraud detection system 

 

For these scenarios, you would need to contact Komo’s customer support for them to conduct positive identification before lifting the account locking. 

The bank may also initiate suspension of your access to the Komo Mobile app for security and/or fraud prevention purposes should the bank detect any suspicious activity. The bank may require you to submit supporting documents where applicable for review and investigation prior to allowing reactivation of access to the Komo mobile app. 

​

Account Types Accessible on Komo Mobile App 

Komo Savings Account. These are savings accounts created only via the Komo app. No account will be opened for those who have not completed and passed the onboarding process done only via the Komo app. Komo Savings Accounts cannot be opened via any East West Rural Bank or East West Bank branch. 

East West Rural Bank Account/s. Select East West Rural Bank account types can access their accounts straight from the Komo app without having to create a separate Komo savings account by just linking their existing accounts with the Komo app – allowing users to have 24/7 access and free balance inquiry, send money to other banks and e-wallets and soon, pay bills, all via the Komo app. 

​

​

FEES AND CHARGES 

We will charge you with our current fees and charges for products and services that you avail. Below is our table of services and their corresponding fees:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The schedule of fees and charges will be found posted on our website and in our mobile app. Please note that our fees and charges are subject to change from time to time with notice to you in accordance with the Amendments Clause of these Terms and Conditions. We may be charged by other financial institutions or entities as a result of any Bank product or service that you may use. We will debit the appropriate account with the amount of tax, fee, charge or expense payable by you. 

 

Deposits. An account that falls below our set minimum balance will be subject to a service charge. Zero balance accounts will be subject to bank-initiated closure. The minimum balance required, and the rules and rates of service/dormancy charges will be subject to change from time to time with prior notice to you and will be posted in a conspicuous place in our branches or on our website. 

​

CLIENT TRANSACTIONS 

Client Instructions. You will be liable for any risk, loss or expense resulting from our implementation of your instructions. Neither we nor any of our employees and agents may be obliged to compensate you for such losses or expenses. 

 
Electronic Communications. The term “electronic communication” refers to any communication of instructions by telex, telephone, wire, electronic mail (“e-mail”), short messaging system (“SMS” or “text”), chatting, social media postings/messaging or other method of telecommunication or electronic transmission, including a facsimile transmission or personal computer. 

We will consider electronic communication that we authenticate and receive from you or in your name through any of our official electronic channels to be duly authorized by you. You, on the other hand, agree to authorize us to rely and act on any such communication. If we try to verify the validity of any instruction electronically communicated by you (though we are not obliged to do so) and are unable to do so to our satisfaction, we may delay in acting on or refuse to act on such instructions. We may, upon your request, forward copies of any statements, instruments or other documents by facsimile or other electronic transmission to you using the number or address that you provide us from time to time. For our mutual protection, we may, at our sole discretion, record all telephone calls that relate to the use of or include instructions for using our products and services. You agree that our records regarding any electronic communication will be admissible in any legal, administrative or other proceedings as if such records were original written documents. Our records will be conclusive proof of the information contained in such electronic communications. You understand that we, in any electronic communication emanating from us, will never ask you to disclose your username, PIN or any other electronic key to access your accounts and/or make transactions. Should you disclose such information, you do so at your own peril, and you agree to hold us free and harmless for any damages that you may suffer in case of such disclosure. 

 
Fax and E-Mail Indemnity. We may be requested and authorized, but are not obliged, to rely upon and act in accordance with any notice, instructions or other communication that you may give us by facsimile or by e-mail (“Fax/E-Mail Instructions”). We are not obliged to inquire or look into the authority or identity of the person making or purporting to make the Fax/E-Mail Instructions or the conditions pertinent to or circumstances prevailing at the time of the Fax/E-Mail Instructions. We are entitled to treat Fax/E-Mail Instructions as fully authorized by and binding upon you. We shall be entitled, but not bound, to perform such acts in reliance upon Fax/E-Mail Instructions as we may in good faith consider appropriate, whether such Fax/E-Mail Instructions include orders to pay money or debit or credit any account. You will hold us free and harmless from any and all losses, claims, actions, proceedings, demands, damages, costs and expenses that we incur or sustain of whatever nature and howsoever arising, out of or in connection with Fax/E-Mail Instructions, provided only that we act in good faith, except if such arise from our willful negligence. 

​

DISCLOSURE OF OUTSOURCED SERVICES 

The Bank provides a wide range of financial services to our clients around the country through our stores, subsidiaries and affiliates. As part of the continuous review of our ability to offer to our clients, comprehensive, efficient and consistent services, we may outsource certain activities to its parent company, stores, affiliates or to external service providers (collectively, the “Service Providers”), who may be based in locations outside the jurisdiction of Komo and EWRB employees that are providing a service to you. 

 

The outsourced activities will include, subject to restrictions and compliance with the requirements of laws, rules, or regulations, but are not limited to: 

• identification and on-boarding of Clients; executing payment and other financial transactions, recording and financially settling services, products and materials delivered to and from EWRB, including communication with clients involved in contracts (e.g. beneficiaries, intermediaries); and 

• business process execution; internal management reporting and analysis; creation of global view of clients; conducting internal audits and investigations; finance and accounting; implementing business controls; IT security and services; provision of central processing facilities for efficiency purposes; and document archiving and storage. 

 

EWRB has implemented technology risk standards and other internal controls and procedures to maintain the integrity and confidentiality of your information. EWRB will impose on its Service Providers a contractual obligation of confidentiality in relation to all information they may receive in conjunction with the outsourcing, which will be effective and enforceable under applicable laws, rules, or regulations. EWRB is committed to protecting the integrity and confidentiality of the Client Information and will closely monitor the outsourcing arrangements on an ongoing basis to protect the interests of our clients. 

 

DATA PRIVACY STATEMENTS 

EWRB values the confidentiality of your personal data and is committed to safeguarding your privacy. This Data Privacy Statement (“Statement”) complies with the Philippine Republic Act No. 10173 known as the Data Privacy Act of 2012 (DPA) and follows the privacy principles of transparency, legitimate purpose and proportionality. 

 

This Statement details how the Bank collects, protects, uses, processes, stores, transmits, discloses, retains, disposes and destroys information when customers apply for, avail of or inquire about our products and services, such as, but not limited to, deposits, cards, transfers, bill payment, and such other products and services that the Bank offers or may offer from time to time. 

 

This Statement is primarily intended for individuals in the Philippines. When accessing the Bank’s website, digital and electronic banking and communication channels, and/or social media pages 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 jurisdiction. 

 

Disclosure of Information 

You certify that all information that you have provided or will provide to us (through Bank Documents, supporting documents, etc.) is complete, true, and correct and that all signatures on these documents are genuine and authentic. 

 
You agree to waive confidentiality of information and records relating to you that we may obtain from third parties, including government agencies, your employer, business associates and other entities as we may deem proper and sufficient in the conduct of our business. 

 
You consent to us using and disclosing information or data relating to you, your applications, loan accounts and Bank transactions to our parent bank, East West Banking Corporation, its subsidiaries and affiliates, agents, members of the Filinvest group of companies, other banks, credit card companies, financial institutions and credit information bureaus, third-party service providers and to selected persons in connection with sales and marketing programs (including other products of the Filinvest group) as well as other third-parties authorized by us to receive such information, wherever situated (including outside of the Philippines), for confidential use in connection with our exercise of our functions or for any business purpose (including but not limited to sales and marketing, credit investigation and collection, information technology systems, data processing and storage, and statistical, risk, product utilization and other analysis and other purposes). You agree that such disclosure or exchange of information will not be the basis of any claim against us or the persons receiving such information. You further agree that such person or entity to which disclosure is made may use such information or data in the course of any business carried by him or it. 

 
You acknowledge that we may be required by law, competent courts or government or regulatory bodies or other offices or agencies authorized by law to disclose information or data relating to you, your applications, bank accounts and transactions with us. You understand and agree that we may be required to report your accounts, including the handling thereof, to the Bangko Sentral ng Pilipinas, Anti-Money Laundering Council, credit bureaus and/or any other governmental or regulatory body. You authorize us to report and/or disclose information as required to any bank or credit card association, credit bureau or institution or other appropriate person, if any of your loan accounts become delinquent or any of your deposit or loan accounts are not operated appropriately. 

 

 

How do we collect information from you? 

EWRB is required by law and regulation to collect and retain your personal data for us to establish a banking relationship with you. Furthermore, for us to perform relevant processes to maintain such relationships, we will use, store, share, and dispose of your personal data when reasonable and necessary. 

 

You share your personal data with us when you register and open an account, use our mobile application, avail yourself of any related services, contact us, or interact with our third-party service providers or accredited partners.  

 

What personal data about you do we collect? 

We collect the following data from you. 

1. Personal Identifiable Information is data that allows us to identify you. Examples of these are your name, your date of birth, your biometrics such as facial photograph, your identification documents, your contact details, your mobile or PC’s IP address or unique identification number. 

2. Transactional and usage information or data related to your account and usage of our mobile application, your debit card, and other products offered through the Komo Mobile App. 

3. Emails, messages, and recordings of voice and video calls with our customer service agents. 

4. Other information or documents which may be required to avail of specific products. Examples of these include but are not limited to your financial history, proof of billing address, employment details, and other government-issued or privately issued IDs. 

5. Information provided to our third-party service providers and accredited partners. 

6. Non-personal information regarding visits to our website, such as IP address, browser type, operating system, and average time spent, to measure use, audit logs and improve the content of our site. 

 

Please note that you are responsible for ensuring that all personal data you submit is accurate, complete and up to date. However, when necessary, we may ask our third-party service provider, employees of the Bank, its parent company, subsidiaries, or affiliates, to directly verify the supplied information or request you to provide additional information in order to comply with the requirements of regulators, supervisory or administrative bodies of the government, tax authorities, or to comply with the order of courts of competent jurisdiction.

​

How do we use your personal data? 

The bank may collect, use, transfer, share/ disclose, retain and dispose of your personal data for the following purposes: 

 

1. Processing, evaluating, facilitating and administering applications for our products and services, and transactions; 

2. Performing due diligence and/ or background investigation including credit investigation, financial capacity and the like; 

3. Providing you with information about our products or services,  

4. Managing your account, facilitating your transactions, and delivering products or services which you have opted for; 

5. Responding to your inquiries, requests, feedback and other concerns, and using these points of information to further improve our products and services; 

6. Communicating with you, by sending out welcome letters, statements, notifications, advisories, alerts, and other forms of communication, whether written or using electronic or digital platform, necessary for continued use of our products and services;    

7. Providing you information on our products and services, marketing and sales offers, promotions, rewards, other features and benefits, and information about third parties which we think you may find interesting, through personalized customer touchpoints like our stores, call center, telemarketing, direct mail, e-mail, messaging, and other channels;   

8. Performing customer profiling, behavioral and transactional analyses, to understand customer needs, preferences, and market trends, improve and offer suitable products and services, and enhance customer relationship; 

9. Conducting surveys, market research, studies, and the like to review, evaluate, develop, and improve our products, services, policies, and processes;  

10. Evaluating the effectiveness of marketing and sales programs and offers; 

11. Establishing safeguards to identify, investigate and protect you from any unlawful activity, actual or suspected fraud or threats to our systems; 

12. Managing the Bank's operations such as business continuity planning, safety and security, product development and research and archiving of documents; 

13. Complying with the Bank’s obligations under the law and as required by government organizations such as, but not limited to, BSP and AMLC, SEC, NPC, BIR, DOLE, HDMF, PhilHealth, SSS, as well as those of other jurisdictions including the United States Foreign Account Tax Compliance Act (FATCA); 

14. Establishing, exercising and defending the Bank's legal rights; 

15. Complying with legal and regulatory requirements, such as data submission to credit bureaus, credit information companies, the Credit Information Corporation (CIC), and 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; 

16. Complying with the requirements of audit and privacy assessments/reviews; complying with the required reporting disclosures under applicable laws and regulations  

17. Performing other such activities allowed by law or with your consent 

 

How We Protect Your Personal Data and East West Rural Bank’s Commitment to Privacy 

The Bank maintains a policy of protecting your right to privacy regarding the collection and use of your personal information on the Komo Mobile Banking application. Our privacy policy is the same whether you are a regular East West Rural Bank customer, a Komo user, or just visiting our website (www.komo.ph for Komo or www.eastwestruralbank.com.ph). We safeguard the information that you may provide us. 

 

Our digital banking services are served and hosted on secure servers. This means that, every time you access the mobile app and any information you submit, all transmission between your mobile phone and our servers is encrypted. In the unlikely event that the transmission is intercepted, it will not be usable by anyone who does not have our encryption key. Your peace of mind and the safeguarding of your information is a top priority for us. 

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. 

 

1. We require you to use a unique passcode through your registered mobile phone, that has a unique digital ID only it can provide, to access your account and transaction information through the mobile application. 

2. We keep and protect your personal data using a secured server behind a firewall, deploying encryption on computing devices and physical security controls. 

3. We restrict access to your personal data only to qualified and authorized personnel who hold your personal data with strict confidentiality. 

4. We encrypt your access credentials such as your passcode and PIN so that no Bank personnel or outside parties have visibility over it. 

5. We automatically end your mobile banking session after a certain period of inactivity to avoid unwanted access in case the mobile phone is left unattended. 

 

To achieve the above, we collect and analyze non-identifiable data, including: 

 

1. Your internet protocol (IP) address; 

2. The device ID of the mobile phone you are currently logged in at; 

3. The date and time you accessed the mobile banking application, including frequency of logins, last login date, and failed login attempts; and 

4. Your mobile operating system 

5. Your mobile device make and model 

6. Your Komo app version 

 

You can help us in further protecting your data through the following means: 

1. Do not share your Passcode and PIN with anyone 

2. Do not use any number combination in your Passcode or PIN that can be identified to you (e.g. birthdate, telephone number, zip code, etc.) 

3. Ensure that no one can see your screen or keypad whenever you input your Passcode or PIN 

4. Change your Passcode and PIN on a regular basis 

5. Always close the mobile application or log off after using it 

6. Delete or uninstall the mobile application when you intend to sell or transfer the ownership of the mobile phone or device to someone else 

7. Do not click on suspicious emails or messages requesting any of your access codes or confidential account information 

 

To whom do we share your data? 

We have entered into an agreement with our parent company, East West Banking Corp., in which all information technology systems and infrastructure shall be shared by both companies. Only authorized personnel of both companies are allowed access to your data, and only if such access is done for the purpose of providing you with the banking service you have opted for. 

 

Together with East West Banking Corp., we take reasonable steps to make sure your personal data that we collect, use or disclose is kept strictly confidential. However, in order to provide you with products and services suitable to your needs, with your prior consent, we may share your information with: 

• various units, offices and stores of the Bank  

• subsidiaries, affiliates, and companies of the Filinvest Group including our parent company, East West Banking Corporation 

• authorized/accredited agents, representatives and third-party service providers 

• banking associations, merchants, and partners 

• banks and financial institutions, credit agencies 

• regulatory and government agencies as required or authorized by law 

 

Your personal data may be transferred, stored or processed outside the Philippines by any of the parties above. We ensure that the cross-border arrangement complies with the requirements of the Data Privacy Act and shall use means to provide a comparable level of protection while the information is being processed by the above-said parties.  

 

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.  

 

Please refer to Annex A for the list of regulatory agencies and partners that we share your personal information with. 

 

Where and how long do we keep your personal data?  

We reserve the right to retain your personal data in our servers in the Philippines, or in our cloud servers in the South East Asia and East Asia regions, for certain circumstances such as when your personal data may be necessary to resolve disputes, or if we are required to do so by law or in good faith, provided that such action is necessary to comply with a legal obligation and/ or protect and defend the rights or property of the Bank or its affiliates. If East West Rural Bank is required to retain any portion of your personal data for such purposes, it shall use reasonable efforts to limit such data to what is necessary to accomplish the particular purpose. 

 

Your Rights 

The Bank respects your right to privacy under the Data Privacy Act as follows: 

1. The right to be informed of the personal information that we collect and how it will be processed 

2. The right to object to the processing of your personal information including processing for direct marketing, automated processing or profiling and to withhold consent to the processing in case of changes or any amendment to the information supplied or declared 

3. The right to access or demand access to your personal information 

4. The right to rectification and to dispute any inaccuracy or error in your personal information 

5. The right to suspend, withdraw, order the blocking, removal, or destruction of your information from the Bank’s system 

6. The right to damages and to be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information, taking into account any violation of your rights and freedom 

7. The right to portability, to obtain a copy of such information in an electronic or structured format that is commonly used 

8. The right to lodge a complaint before the National Privacy Commission 

​

For further details, please refer to NPC's website: https://privacy.gov.ph/mechanics-for-complaints/.  

We may charge a fee (to be debited to requesting customer) to cover administrative costs of verifying your request for information and for locating, retrieving, reviewing and copying any requested material or document such as, but not limited to, bank certificate, bank statements, and other transactional and/or account information related reports. 

​

What if there are changes in our privacy policy?  

From time to time, it may be necessary for the Bank to change this Privacy Policy. If we change our Privacy Policy, we will post the revised version here or in our website: https://www.komo.ph/ and will take effect immediately, so we suggest that you check our mobile banking application or website periodically for the most up-to-date version of our Privacy Policy. Rest assured, however, that any changes will not be retroactively applied and will not alter how we handle previously collected personal data without obtaining your consent, unless required by law. 

 

Oversight or Questions 

The Bank welcomes comments and questions on this Privacy Statement. As stated above, we are dedicated to protecting your privacy and will make reasonable effort to keep your information private and secure. Due to the rapidly evolving changes in technology, we may update this Policy Statement and all revisions will be posted here or on our website. If you have any questions or comments regarding our policy, you may reach us through our “Contact Us” menu in the Komo Mobile App or on our website: https://www.komo.ph for Komo or www.eastwestruralbank.com.ph for EWRB.

​

Contact Us 

For any inquiry about Komo, request or concern on this Data Privacy Statement or your personal information, you may email us at support@komo.ph or call our Customer Service Hotline at (+632)88881777. 

 

You may also contact our Data Protection Officer at: 

  

Data Protection Officer 
38th Floor ISDPO Office, PBCOM Tower 
6795 Ayala Avenue, corner V.A Rufino Street, Makati City 

E-mail Address: ewrbdpo@eastwestbanker.com 

 

LIABILITY 

Limitation of Liability of EWRB 

If EWRB is found liable for any act or omission for any reason whatsoever, EWRB’s liability shall be limited to actual proven damages by a Court of competent jurisdiction. We shall not be liable to you (or to any party claiming rights derived from you) for any indirect, special, consequential, or exemplary damage or loss of any kind in connection with the use of the Komo Mobile App. You shall hold EWRB free and harmless from any liability for EWRB’s reliance on account number matching, and the account number/s you have provided. All obligations hereunder are payable solely at the main branch of East West Rural Bank in Davao, subject to the laws of the Philippines (including any governmental actions, orders, decrees and regulations). 

 

You acknowledge and agree that EWRB may rely on certain third parties from time to time in connection with the provision of the services to you. EWRB will not be liable in any way to you or any person claiming rights derived from you for any damage, injury, or liability caused by the third party, unless EWRB has acted with negligence or fraud in its reliance of such third party or in willful default under any contract or agreement between EWRB and such third party. 

 

Upon the closing or termination of your accounts, EWRB shall have no liability for any claims and demands arising from the closing or termination or, if applicable, the dishonor of any check presented to EWRB after the closing of the accounts. Your waiver applies to any claim arising from the exercise of EWRB’s responsibility to report the closing of your account and the reasons therefor to the Bangko Sentral ng Pilipinas (BSP), Bankers Association of the Philippines (BAP), Philippine Deposit Insurance Corporation (PDIC), Anti-Money Laundering Council (AMLC), and such other relevant government regulatory bodies or agencies. 

 

Transactions Made Using the Komo App 

You agree to be liable for all transactions made using the Komo Mobile App and for any loss or damage due to any of the following: 

 

1. Fraud, deliberate action, or gross negligence on your part, such as sharing bank details, security passcodes, payment credentials, among others; 

2. Instructions or transactions which are identified by any use of your mobile phone, your mobile number and/or security passcodes, except for those occurring after you have informed us of the breach of your security passcode or the loss of your mobile phone.  

3. Fraudulent, improper or unauthorized use of the Komo Mobile App or your security passcodes and the transaction was completed, or loss occurred before you notified us of the loss, theft or misuse of your security passcode or mobile device; 

4. Any damage to your mobile phone, related facilities, or software as a result of access to the Komo Mobile App, or through your card number, or security passcodes; 

5. Access through your mobile number, mobile phone and/or security passcodes, when it is prohibited, restricted, delayed, or otherwise affected by (i) any law or regulation of the country from where Komo Mobile App is accessed, or the Terms and Conditions of the internet or information service provider in that country of access; or (ii) any law or regulation of any jurisdiction, regional or international authority which governs any use of any component of the Komo Mobile App, any relevant internet or information service provider or system; 

6. Any act or omission of any relevant internet, information, or network service provider occasioned by access through your mobile number, mobile phone and/or security passcodes; 

7. Any unauthorized modification, alteration, upgrade, or termination of the Komo Mobile App occasioned by access through your mobile number, mobile phone and/or security passcodes; 

8. Any delay or failure in any transmission, dispatch or communication facilities; 

9. Your failure to update your contact information with EWRB (subject to existing laws, rules, and/or regulations), and other factors outside of EWRB’s control, and your failure or inability to access your EWRB accounts as a result thereof; 

10. Any transaction initiated by a third party, whether authorized or not, gaining access to your account or mobile phone prior to notification to us of the access. ; 

11. The acceptance of deposits to the account/s or the processing of any transaction applied for or requested by you or pursuant to your instructions, or for not honoring conflicting instructions issued by you or for closing any account/s under the circumstances provided herein 

12. Losses or damage relating to violation of any secrecy laws or regulations (if any), should any of your account information be viewed or accessed by any persons other than you, as a consequence of your negligence; 

13. EWRB's failure to perform any of its obligations with respect to any product or service offered to you if such performance would result in a breach of any government requirement or if its performance is prevented, hindered or delayed by a force majeure event; in such case, its obligations will be suspended for so long as the force majeure event continues (neither shall another EWRB branch or affiliate become liable). Force majeure events includes restrictions, involuntary transfers, unavailability of any communication, clearing or payment system, sabotage, fire, breakdown in computers and communication facilities, computer-related errors, prolonged power outages, typhoon, flood, explosion, acts of God, economic sanctions, government requirements, civil commotion, strikes or industrial action of any kind, riots or any public disturbances, insurrection, war or acts of government or similar institutions; or 

14. Any action taken by EWRB to comply with the U.S. Foreign Account Tax Compliance Act, the Common Reporting Standard, economic sanctions, or government requirements (neither shall another EWRB branch, subsidiary, nor affiliate becomes liable). 

15. Any damage, injury, or liability to the customer caused by third party providers or partners of Komo.  

 

For the instances above and as may be applicable under these Terms and Conditions, you shall hold EWRB free and harmless from any liability for EWRB’s reliance on account number matching for electronic payments, and the account number/s you have provided; 

 

Your liability based on the above circumstances shall survive the termination or suspension of your account or EWRB’s services. 

 

 

Waiver of Rights 

Time is of the essence and no failure or delay on the part of EWRB in exercising any of its rights, powers, or remedies accruing upon your breach or default shall be a waiver of any subsequent breach of any other right, power, or remedy. Any waiver, permit, consent, or approval of any kind or character for any breach shall be effective only up to those specifically set forth in the written notice. 

 

Undertaking 

In case of over credit, erroneous credit, failure to debit, erroneous debit, mis-posting, or any error in transaction involving any amount, (any and all of which shall be referred to as “Amount/s Due to BANK”) to your account as appearing in the records/books of EWRB, and for whatever cause such as but not limited to systems error, error in communication facilities, you agree and undertake to immediately return to EWRB the Amount/s Due to BANK without need of notice or demand, plus any and all expenses, costs and damages which EWRB may have incurred, including penalty interest at EWRB’s then prevailing loan rate based on the Amount’s Due to BANK, in connection with the enforcement of EWRB’s right to recover and collect the Amount/s Due to BANK. For this purpose, you irrevocably authorize EWRB/its representatives to affect the debiting of funds from account to the extent of the Amount/s Due to BANK, without need of further act and deed, and without EWRB/its representatives incurring any liability as a consequence thereof. This is without prejudice to the exercise by EWRB of its right to enforce full recovery and collection of the Amount/s Due to BANK, in case your account cannot be debited for any reason such as but not limited to insufficient balance, as well as the exercise by EWRB of the legal remedies to which EWRB may entitled to under the law and these Terms and Conditions, including but not limited to immediate cancellation or suspension of the relevant Account/s, civil, criminal, and/or administrative remedies. Pending full recovery or collection by EWRB of the Amount/s Due to BANK, you shall hold the said amount in trust for EWRB. Your failure to account for and return the Amount/s Due to BANK shall give rise to a prima facie presumption of misappropriation or conversion with intent to defraud, on your part. 

 

Assignment 

No contracts entered into in connection with your accounts nor the rights, duties and/ or obligations contained in this agreement may be assigned by you. However, EWRB may assign or novate this agreement, either in whole or in part, to a parent or affiliate company or to a company succeeding to the interest EWRB by reason of merger, sale, or reorganization. You agree to execute the documents or powers of attorneys necessary to give full effect to the authority or powers conferred upon EWRB.

​

REGULATORY COMPLIANCE 

Anti-Money Laundering Act 

You authorize us to make the necessary verifications, records, reports, submittals and other processes, as well as to perform such acts for the purpose of complying with the Anti-Money Laundering Act (Republic Act No. 9160, as amended), its implementing rules and regulations, and other laws or rules regulating your accounts and you hereby waive your rights under Republic Act No. 1405, as amended, Republic Act. No. 6426, as amended, Section 55.1 of Republic Act No. 8791 and other applicable laws or regulations in this regard. 

 

You agree to indemnify us against any losses and claims in connection with the above. We, our owners and our employees will not be liable for any direct or indirect loss incurred by you or any person (including loss of anticipated income or interest payment) if such loss resulted fully or partially from our fulfillment of the requirements related to AMLA. 

 

Account or Funds on Hold and Transaction Reversal. To safeguard the integrity of the banking system and prevent financial crimes, you grant the Bank the authority to place the account or funds on hold or reverse transactions, without requiring your prior written consent, in cases of alleged suspicious, fraudulent, unauthorized, or illegal transactions. 

 

Receipt of Alleged Suspicious, Fraudulent, Unauthorized, or Illegal Transactions. In case your account becomes the recipient of funds originating from sources considered as suspicious, fraudulent, or illegal transactions, under existing laws and regulations, or unauthorized as claimed by the originating financial institutions, you acknowledge and agree to hold the Bank free and harmless from any liability whatsoever in accepting the funds. 

 

Sharing of Alleged Suspicious, Fraudulent, Unauthorized, or Illegal Transaction Information. In situations where the account is identified as the beneficiary of funds from alleged suspicious, fraudulent, unauthorized, or illegal transactions, you hereby give your consent to the sharing of relevant information with the originating bank or regulatory bodies or law enforcement agencies, as the case maybe.  This includes information such as transaction details, account information, and any other relevant data needed for fraud prevention or investigation. 

 

Certification of Valid Funds. By using this account, you hereby certify that any funds deposited or received therein are derived from valid and legitimate sources. You explicitly declare that no fraudulent or illegal activities are associated with the deposited funds. Any violation of this certification gives the Bank the right to close the account and report the incident to relevant authorities, without prejudice to the right of the Bank to initiate legal action, if warranted. 

 

Prevention of Criminal Activity. You acknowledge and agree that you can be held criminally liable if you use your account or allow a third party to use your account for any fraudulent, unauthorized, or illegal activities, including allowing your account to be a mule account or selling your account to perpetrate illicit transactions. The Bank reserves the right to take legal action against you for involvement in such criminal activities. 

 

GENERAL PROVISIONS 

Right to Set off. You hereby irrevocably constitute and appoint us as your attorney-in- fact, with full power and authority and without prior notice, to set-off or apply to the payment of your obligations any funds which you may have deposited with us, or which we may have in our possession or control, including all or any interests or other income which may accrue thereon, including but not limited to time deposit accounts and/or long-term investments, which we are hereby authorized to pre-terminate accordingly, it being understood that you shall shoulder all taxes, expenses and charges arising from the pre-termination of the account or investment. 

​

No Implied Waiver. The exercise of the rights, privileges, and remedies in any agreement with you shall be at our discretion and option. Our acceptance of payment for any deposit or bills or any part thereof after any due date shall not be considered as extending the time for such payments or as a modification of the conditions thereof. 
 
No failure, omission, or delay on our part in exercising any of our rights, privileges and remedies shall operate as a waiver thereof. No modification or waiver of any provision or consent by the Bank shall be effective unless the same is reduced to writing. 
 
Tolerance, neglect or waiver by us in the enforcement of these Terms and Conditions shall not preclude us from thereafter strictly enforcing the same. 

 

Notice. Your non-receipt of notice after the bank has exhausted all possible means of contacting you through your chosen mode of notification as among the contact details you provided the bank shall not relieve you from the effect of such notice. 

 

Document Authenticity. Where any suspicions arise as to the authenticity of documents, we will be entitled to send such documents to the respective authorized body of expertise to prove authenticity. Any and all costs incurred for such authentication shall be for your account. We will not be liable for any loss that you incur due to the delay caused by such actions. 

 

Right to Refuse Documents. We reserve the right to refuse documents that you present or submit to us for any bank transaction so long as these differ from the ones we approved and use. 

 

Suspension or Termination of Account or Service. If you fail to observe and comply with these Terms and Conditions, as well as any supplement thereto which forms an integral part of our agreement, we may suspend or terminate any of your accounts, investments or our services and products provided to you and your obligations to us shall become due and payable without demand or notice. 

We may close your account in case your account is improperly handled by: (a) using it to perpetrate fraud or illicit activities, (b) drawing, issuing or endorsing checks to said account without funds to support the checks, or against insufficient funds; (c) your issuance of a check in an amount that is grossly disproportionate to the present balance/ADB of the account; (d) your previous involvement in fraud or an attempt to defraud as indicated by reports of any nature; (e) your issuance of checks with signatures that differ from the specimen signatures on file; (f) other similar or analogous acts or omissions which we deem unsatisfactory; or (g) for other grounds prescribed by law, clearing house regulation, or regulation of any government agency. We may impose and deduct from your accounts an amount to cover penalties, fines and charges. 

In case we suspend, close or terminate one or more of your accounts, or investments, or our services or products, you agree to hold us completely free and harmless from any and all liabilities, claims and demands arising from the suspension or termination of the account, investment, service or product, or the dishonor of any check presented to us after account closing. 

 

Cancellation of Agreements. We reserve the right to discontinue providing any product and/or service to you and/or refuse to provide you with any product and/or service. We will communicate the discontinuance of any product and/or service ahead of time. The discontinuance of any product or service notwithstanding, you will, in all cases, not be relieved of your obligations to us until all amounts owed to us have been paid in full including any interest, service charges, penalties, fees or costs that may be due to us. 

 

Liability Limits. We will not be liable for any loss, damage (including special, indirect or consequential damages) or delay resulting from any force majeure circumstance including failure, error, malfunction or inaccessibility of any of our systems and machines. 

 

Amendments. We may change any of the provisions in these Terms and Conditions and the fees and charges of our products and/or services from time to time. We shall notify you at least sixty (60) days prior to the implementation of such changes and you shall be deemed duly notified of such changes if we send notice through any of the following means, at our sole discretion: (i) mailed and/or emailed notices (sent to your mailing or email addresses indicated in our records), (ii) notices posted at our branches or (iii) notices in our website. However, changes in the deposit interest rates for Komo shall be effective immediately after public notice. 

 

Civil Code Article 1250. The provisions of Article 1250 of the Civil Code of the Philippines shall not be applicable. 
 

ENFORCEMENT PROVISIONS 

Subject to all applicable laws, regulations, and/or issuances, these Terms and Conditions apply to all accounts whether existing now and/or to be opened hereafter. 

 

Governing Law. The Terms and Conditions shall be governed by and construed in accordance with the applicable laws of the Republic of the Philippines and by EWRB’s charter documents, regulations, policies, and practices which shall be brought to your attention by publication, display, advertisement, posters including posting on website or otherwise, by electronic mail, facsimile transmission or by such other electronic transmission including short messaging service or similar means of delivery and you submit to the non-exclusive jurisdiction of Philippine courts. 

  

In all cases not specifically provided for in the foregoing or otherwise by agreement between the you and EWRB, the usual customs and procedure common in banks in the Philippines, taking into consideration to channel and nature of the facility used, shall exclusively govern all transactions between the you and EWRB, with regard to your Komo account. All circulars, rules and regulations and guidelines of the BSP, PDIC, AMLC and such other regulatory bodies on, among others, deposit accounts/investment placements shall form part of and shall be deemed incorporated by reference into these Terms and Conditions. You also agree that all the Accounts and such other products, services, facilities and channels shall likewise be governed by all applicable circulars, rules and regulations of the BSP, PDIC, AMLC and such other relevant government regulatory bodies or agencies. 

  

EWRB is supervised by the Bangko Sentral ng Pilipinas. 

  

East West Rural Bank Inc. is regulated by Bangko Sentral ng Pilipinas with contact number (02) 8708-7087, with email address consumeraffairs@bsp.gov.ph and webchat at www.bsp.gov.ph.  

 

Venue. Venue for actions brought under these Terms and Conditions shall be in the city where our principal office may be located. 

 

Separability Clause. In case any portion of these Terms and Conditions is declared invalid or unenforceable for any reason or should we decide to terminate or cancel any of the products or facilities or services which we provide, it shall not affect the other provisions of these Terms and Conditions which shall remain valid and binding. 

 

HANDLING COMPLAINTS 

All complaints and customer concerns can be raised to Komo’s official channels: 

• Hotlline: (+632)-8888-1777 

• Email: support@komo.ph 

• Social channels: Facebook via the Komounity page or the official page @KomoPH 

​

ANNEXES 

ANNEX A: LIST OF THIRD-PARTY(S) TO WHICH WE SHARE YOUR PERSONAL DATA 

​

​

​