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Privacy Policy

 

PRIVACY STATEMENT

Our Privacy Commitment

Smart Communications, Inc. (“SMART”) respects our customers’ fundamental right to privacy, and we commit to take great care in safeguarding your personal data. SMART has developed a privacy statement that aims to ensure that we adopt and observe appropriate standards for personal data protection in compliance with applicable privacy laws and regulations.

While this privacy statement sets out the general principles that govern the collection, use, and disclosure of our customers’ personal data, we have also developed this privacy statement to inform you more specifically about our privacy practices.

Why we collect your personal data

Throughout your use of our services, we collect and maintain some basic information about you. We do so only for the purposes and legal bases described below.

  1. We process your personal data to perform our obligations under contract with you.
    • To create and nurture a relationship with you, so that we can continuously provide you with our services. For example, when you apply for any of our services, we collect personal data about you, that will allow us to validate your identity and credit history for purposes of billing and collection of fees for the products and services that you avail from us.
  2. We process your personal data based on our legitimate interest to function effectively as a business, but we only do so when your interests and fundamental rights or freedoms do not override our legitimate interest.
    • To continuously improve our business and operations. For example, we analyze your usage of our network and facilities to help us manage your account, provide customer care activities, investigate and resolve your service-related requests and concerns, monitor the quality and security of the network, train our staff, and plan for future growth. We may also process your personal contact details and publish them in an internal directory listing, in order to effectively communicate with you and provide you with necessary assistance.
    • To continuously improve our products and services. We collect, use, process, and analyze your use of our products and services so that we can understand how to improve them for your benefit. Our analysis may include some information about your usage, such as the volume and frequWe process your personal data as you avail of our products and services so that we may be able to create and offer better products and services for you, including through direct marketing. We only carry out these processing activities based on your consent.ency of your use of our SMS, voice, and data services, and your historical locational information which we determine based on an analysis of the places where you may have used our products and services in order to generate insights on foot traffic, crowd density, and mobility patterns.
    • To understand your needs and preferences so that we can serve you better. We process data to determine your usage profile by maintaining a record of the products and services that you avail from us, and by analyzing other activities such as when you participate in our market research initiatives, when you visit and transact in our stores, and when you visit and use our websites and mobile apps. We do so in order to gain a better insight about the kinds of offers that would be relevant to your preferences.
    • To manage the security of our business operations. We may process your personal data to conduct IT security operations, to manage our assets, to ensure your fair use of our products and services, and for business continuity, disaster recovery, and audit purposes.
  3. We process your personal data as you avail of our products and services so that we may be able to create and offer better products and services for you, including through direct marketing. We only carry out these processing activities based on your consent.
    • To send you offers, recommendations and promotions. We process your usage profile to send you customized offers and promotions through your contact details using channels such as SMS, voice calls, and e-mail. This includes location-based offers that are exclusively available in areas that you may frequent.
    • To elaborate your usage profile. We may also collect personal information about you from third-party sources such as our subsidiaries, affiliates, and business partners, to whom you have also given your consent for them to share your information with us. We create this enhanced usage profile about you solely to get a deeper understanding of your preferences so that we can send you even better targeted product recommendations, special offers, and promotions
  4. We process your personal data to comply with legal requirements.
    • To assist public authorities. We generate statistical insights based on your usage of our network and facilities to assist public authorities in planning for healthcare, disaster management, and other similar initiatives. When we can, we aggregate and anonymize this information so that you are never identified as an individual.
    • To comply with legal requirements. We run credit scoring programs and initiatives, including but not limited to, providing information to the Credit Information Corporation in accordance to Republic Act No. 9501 and the Credit Information System Act. We may also perform other required personal data processing or disclosure to meet other relevant legal and regulatory requirements.

How we collect your personal data

We collect your personal data from several resources.

Information you share with us

Most of the personal data we retain are information you have shared with us. You provide us with personal data when you:

  • Apply for our services by filling out application forms, subscription agreements, and other similar or related documents through any of our available channels (online, in our stores, or through our sales representatives);
  • Get in touch with us to ask about something, file a complaint or request for service;
  • Take part in our research and surveys; and/or

Information we collect during our relationship with you

We also collect information as you use our products and services, like when you:

  • Use our network, facilities and services - whether it is Mobile, Fixed, Home, or any of our other products, services, and channels;
  • Pay your bills or purchase add-on products and services;
  • Use our apps, websites, and self-service channels and portals;
  • Join our promos, prize raffles, or rewards & loyalty programs;
  • Participate in our market research activities; and
  • Visit and transact in our stores.

Information we collect from other sources

We may also collect your personal data, from our subsidiaries, affiliates, and business partners, to whom you have also given your consent for them to share your information with us.

For a list of these partners, please visit https://smart.com.ph/Corporate/privacy#affiliates.

When we disclose your personal data

There are a variety of circumstances where we may need to share some of the information that you have provided to us. In these cases, we ensure that your personal data is disclosed on a confidential basis, through secure channels, and only in compliance with applicable privacy laws and regulations.

We will never share, rent, or sell your personal data to third parties outside of SMART except in special circumstances where you may have given your consent for, and as described in this statement.

In some instances, we may be required to disclose your personal data to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our products and services. This means we might share your information with:

  • Our service providers, contractors, and professional advisers who help us provide our products and services. This includes partner companies, organizations, or agencies, and their sub-contractors. For example: our couriers for bill delivery and our customer contact centers for our pre- and post-sales hotline operations;
  • Our subsidiaries and affiliates with whom you have also signed-up with. We do so only for the improvement of each other’s legitimate business and operations. For example: we share information with each other about your usage profile so that we can create new offers that bundle our products and services into a single subscription;
  • Other companies to whom you have also given consent for us to share your information with. For example, when you sign-up for products and services offered by other companies, they may request for information from us in order for them to validate your identity; and
  • Law enforcement and government agencies, but only when required by laws and regulations and other lawful orders and processes.

For the list of our partners, please visit: https://smart.com.ph/Corporate/privacy#affiliates.

How we protect your personal data

The integrity, confidentiality, and security of your information are important to us. That’s why we strictly enforce our privacy statement within SMART and have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities. These are also designed to protect your information from other natural and human dangers.

We also put in effect the following safeguards:

  • We keep and protect your information using a secured server behind a firewall, encryption and security controls;
  • We keep your information only for as long as necessary for us to (a) provide the products and services that you avail from us, (b) for our legitimate business purposes, (c) to comply with pertinent laws, and (d) for special cases that will require the exercise or defense of legal claims and for a maximum retention period of twelve (12) years from your service's permanent deactivation.
  • We restrict access to your information only to qualified and authorized personnel who are trained to handle your information with strict confidentiality;
  • We undergo regular audits and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected;
  • We promptly notify you and the competent data protection authority, when sensitive personal data that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person;
  • We let you update your information securely to keep our records accurate.

What your choices are

You are afforded certain rights in relation to your personal data under applicable data privacy laws and regulations.

You are entitled (in the circumstances and under the conditions, and subject to the exceptions, set out in applicable law) to:

  • Request access to the personal data we process about you: this right entitles you to know whether we hold personal data about you and, if we do, to obtain information on and a copy of that personal data.
  • Request a rectification of your personal data: this right entitles you to have your personal data corrected if it is found to be outdated, inaccurate, or incomplete.
  • Request the erasure of your personal data: this right entitles you to request the erasure of your personal data, such as in cases where your personal data is no longer necessary to achieve the legitimate business purpose of its use or processing.
  • Request the restriction of the processing of your personal data: this right entitles you to request that we only process your personal data in limited circumstances, including with your consent.
  • Request portability of your personal data: this right entitles you to receive a copy of personal data that you have provided to us (in a structured, commonly used and machinereadable format). This includes requests for us to transmit a copy of such personal data to another company, on your behalf.

You moreover have a right to object to the processing of your personal data, such as in cases when we process your personal data for purposes related to direct marketing.

To the extent that the processing of your personal data is based on your consent, you have the right to withdraw such consent at any time by contacting our Data Privacy Officer. Please note that this will not affect the lawfulness of the processing that was carried out before you withdrew your consent or SMART’s right to continue parts of the processing based on other legal bases than your consent. If, however we have not provided you with another legal basis justifying the processing of your personal data in this privacy statement, we will stop the processing and delete your personal data.

To exercise these rights, you may get in touch with our Data Privacy Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect any requested changes to your personal data.

If, despite our commitment and efforts to protect your personal data, you believe that your data privacy rights have been violated, we encourage and welcome individuals to come to SMART first to seek resolution of any complaint. You have the right at all times to register a complaint directly with the relevant supervisory authority or to make a claim against us with a competent court (either in the country where you live, the country where you work or the country where you deem that data privacy law has been infringed).

SMART Data Privacy Office
6799 Ayala Ave., Makati City, 1226, Philippines
Email: dataprivacyoffice@smart.com.ph

Changes to our privacy statement

From time to time, we may update our privacy statement and practices to comply with changes in applicable laws, to comply with government and regulatory requirements, to adapt to new technologies and protocols, to align with industry best practices, and for business purposes.

You will always be provided notice if these changes are significant and, if we are required by law, we will ensure to obtain your updated consent.

This Privacy Statement is effective January 15, 2020.



Website Privacy Policy

The policies below are applicable to the Web site and affiliate sites of Smart Communications, Inc. (SMART) found at www.smart.com.ph . Please be advised that the practices described in this Privacy Policy apply only to information gathered online at our Web site. They do not apply to information that you may submit to us offline or to Web sites maintained by other companies or organizations to which we may link or may have link through us.

By visiting our Web site, you are accepting the practices described in our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Web site.

SMART collects personal information, voluntarily submitted by visitors to the Web site, which enables us to respond to requests for publications, distribute e-newsletters, process employment inquiries and respond to requests for more information or assistance. SMART adheres to the highest standards of ethical practices in all of our operations and is dedicated to protecting the privacy of all visitors to our Web site. Except as disclosed below, we do not sell, barter, give away, rent or permit anyone outside of SMART to use your personal information.

We occasionally use third-party agents, subsidiaries, affiliates and partners to perform functions such as creative design, marketing, analytics, programming, site maintenance, providing customer service, etc., on our behalf. These entities have access to the personal information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of any personal information collected from the Web site. They are restricted from using, selling, distributing or altering these data in any way other than to provide the requested services to the Web site.

We may also use or disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to

(a) conform to applicable law or comply with legal process served on us or the Website;
(b) protect and defend our rights or property, the Web site or our users, and
(c) act under emergency circumstances to protect our safety and security and those of our affiliates, agents and the users of the Web site or the public in general.

SMART also collects anonymous information to help us tailor the Web site to visitor interests and concerns. We use "cookies" to help us understand which parts of our Web site are the most popular, where our visitors are going and how much time they spend there. The information that is gathered through cookies is used solely to assist in improving Web site design and function. This Web site is functional without the retention of cookies. You may elect to block cookies from this site through your browser settings. SMART strives to protect the transmission of any information submitted by visitors. SMART does not warrant that transmission of data will be completely secured, and any and all submissions are at the visitor's risk.

This Web site may contain links to sites operated by third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other Web sites.

Please remember that any information that you may share in public areas, such as message boards or feedback sections, becomes public, and therefore this Privacy Policy does not apply to any information you choose to make public. Please be careful about what you disclose, and do not post any personal information that you expect to keep private.

The Web site is published in the Republic of the Philippines and is subject to laws of the Republic of the Philippines. If you are located in a country outside the Republic of the Philippines and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the Republic of the Philippines. SMART shall not be liable under any circumstances for damages resulting from use of information collected from visitors to the site.

SMART may change this Privacy Policy to reflect, among others, changes in the way we collect visitor information.

Questions and comments should be directed to this email address.

Last updated: January 21, 2009


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