Be a Smart Retailer

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When you’re a Smart Ka-Partner, you help connect your community while earning extra income.

Join the nationwide network of Smart Load retailers now with a Smart Ka-Partner Retailer SIM

How to be a Smart Load Ka-Partner

Call Smart Retailer hotline (02) 8 845 7733 (Non-Toll Free Number).
For calls outside Metro Manila, call charges apply.

NON TOLL-FREE FEES
Using Smart Prepaid	Php 7.50 per minute
Using TNT	Php 6.50 per minute
Using Sun Prepaid	Php 10.00 per minute
Using PLDT Landline	NDD Rates apply
Using Smart Postpaid	Php 7.50 per minute
Using Smart Prepaid	Php 10.00 per minute

* Call rates as of Aug 30,2019. Rates may change without further notice.

The agent will give you the contact details of the regional distributor based on your store location
If you don’t have store location, you may visit any branch of these Key Accounts:
- San Roque Supermarket
- Super 8
- Ultramega
- SM Savemore, SM Hypermarket
- Robinson’s

Why start your Smart Load Business

Low capital needed
Convenience and ease inoperations (load airtime through your phone)
Guaranteed income for every transaction
Easy monitoring of transactions

Retailer FAQs

Where can I buy Smart load wallet (retailer load)?
Smart Retailer Terms and Conditions
General Privacy Policy

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If you have a store location, please contact your Provincial Distributor or Distributor Sales Personnel (DSP) to buy Smart load wallet.

For retailers without store location, you may visit the nearest 7-11 store.

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SMART RETAILER CONTRACT

The Retailer SIM assigned to the Retailer shall be serviced by a Distributor/Key Account assigned to your territory. The Retailer, acting as a seller of SMART Load and Riders via the SMARTLoad Service, is liable for the Retailer SIM and will strictly abide by the guidelines and procedures on the issuance of the Retailer SIM and the terms and conditions of the SMARTLoad Service (this “Contract”).

Retailer acknowledges and agrees that the SMARTLoad Service was provided by SMART specifically for the purpose of wireless loading. SMART reserves the right to disable the SMARTLoad Service should it, in its sole discretion, determine that Retailer violated the terms of this Contract or used the Retailer SIM for any other purpose other than that intended in this Contract.

SMART is the legal owner of the SMARTLoad Service and the Smart Platforms and SMART reserves the right to cancel/ terminate this Contract as it deems fit.

The Retailer has the option of using the SIM for personal use subject to the Prepaid Terms and Conditions as found and stated on the SMART Corporate Website https://smart.com.ph/Corporate/terms/smart-prepaid.

1. DEFINITION

Company – Smart Communications, Inc.

Contract – this SMART Retailer Contract entered into by the Retailer and SMART.

Customer Data – Personal information for which SMART is a controller or processor, and/or Personal Information collected from Rider customers.

Dealer Card Account – a SMART card account issued to the Distributor/ Key Accounts where Load Credits purchased are loaded.

Dealer SIM – a prepaid SIM with a transfer function menu that allows Distributor/ Key Accounts to transfer Load Credits to Retailer; and a load function menu that allows the Distributor/ Key Account to load Load Credits directly to subscribers.

Distributor/Key Account – business entity with the expertise, and access to certain channels, for the distribution and pipelining of SMART’s prepaid products and services in regions, locations and channels specified by SMART.

Inactivity – refers to the period when no Load Credits are purchased or sold by the Retailer. Only the loading of Load Credits (1) from the Distributor/Key Account to the Retailer and (2) from the Retailer to subscribers are counted as active transactions. All other transactions including Load Wallet balance inquiries do not exempt the Retailer from being classified as inactive.

Individual Retailer - is an individual who owns a Retailer SIM and sells SMART load and/or other products and services of SMART.

Juridical Retailer - refers to a corporation, partnership, or sole proprietorship who owns a Retailer SIM and sells load and/or other products and services of SMART.

Ka-Partner App – is a mobile retailer application that enables a Retailer to sell load faster and manage their load business through a digital sales ledger.

Ka-Partner Portal – is a digital web platform that enables a Retailer to sell load and manage their load business through a digital sales ledger.

Load Credits – amount that is loaded to the Dealer Card Account, Load Wallet or prepaid-phone balance account that may be used to purchase airtime and other services including Riders.

Load Wallet – An account to which Load Credits are loaded to enable Dealers and Sub-dealers to load Load Credits directly to subscribers.

Personal Wallet - Load Credits loaded in the Retailer SIM for personal consumption (call, text, mobile data, etc.) of the Retailer

PIN – Personal Identification Number; any multiple digit number chosen by a customer, as may be applicable.

Retailer – is a person or an entity who owns a Retailer SIM and sells load and/or SMART’s products and services

Retailer SIM – a prepaid SIM with a Load Function Menu that allow Retailer to load Load Credits to subscribers.

Rider – refers to the Load Credits and other products other than SMART products and services (e.g. telco and non-telco services)

SIM – Subscriber Identity Module; a term referring to Dealer SIM and Retailer SIM as a whole.

SMART – Smart Communications, Inc..

SMARTLoad – A service that provides Load Credits to Subscriber via the use of an electronic device such as, but not limited to, mobile phones, point of sales “POS” terminals and computers and any of the Smart Platforms.

Smart Platforms – electronic loading platform for the various loading channels such as the STK retailer menu, USSD retailer menu, keyword selling, web-based application menu, and the Ka-Partner App.

Smart Management System – is a front-end web tool (e.g. OPIS+, DMS) developed by SMART for trade partners to: (a) Order load and inventoriable items, (b) Purchase load and inventoriable items, (c) Transfer stocks, (d) Monitor their inventory, (e) Manage their distribution tree, and (f) generate sales reports. OPIS+ is also used by authorized Smart employees granted access as system admin.

Statement of Transactions – a report generated by SMART of a list of transactions made by a Retailer in his Load Wallet covering a specific time period.

Sub Key Accounts – are partners managed by and directly contracted with by a Key Account Partner of Smart

Third Party Applications – a software application, developed and/or owned by a person other than SMART, linked or integrated to the Smart Platforms.

2. THE SIM

The Retailer SIM issued becomes the property of the Retailer and is non- transferable. SMART may, however, suspend or terminate the use of the Retailer SIM for SMARTLoad Service for whatever reason it deems fit. In the event of any suspension or termination of the SIM for the SMARTLoad Service, the Retailer agrees to hold SMART free and harmless from any claim, damages, loss, expense, suit or liability whatsoever, arising from such suspension or termination.

SMART requires that the Retailers should register and provide the required personal information to enable the selling capability of the Retailer SIM. The registration should be accomplished in any of the SMART’s Platforms. Please refer to the Privacy Notice for information on what, why, and how SMART processes the Retailers’ personal data.

SMART shall conduct business directly with its accredited Distributor and Key Account partners. Except for concerns covered by Sections 6, 9 and 18, all other concerns, complaints, inquiries and/or disputes from Retailer shall be handled by its accredited trade partners.

3. SIM REGISTRATION

3.1 Free-of-Charge. SMART shall provide the SIM Registration service free-of-charge to all of Retailers.

3.2 FOR INDIVIDUAL RETAILERS

3.2.1 Process. SIM Registration for Individual Retailer (whether a New Retailer or an Existing Retailer) shall be accomplished either through (i) the SMART’s designated online portal (“SIM Registration Portal”) accessible via the following link https://smart.com.ph/simreg or (ii) through assisted channels via SMART retail stores located nationwide.

3.2.2 All New Individual Retailers shall, consistent with their obligation under the SIM Registration Act, be required to register their SIMs with SMART as a pre-requisite to the activation thereof. The Retailer SIM shall be sold in a Deactivated state and shall only be activated after the Retailer completes the process of SIM Registration.

3.2.3 All Existing Individual Retailers shall register their SIM on or before one hundred eighty (180) days from the SIM Registration Act Effective Date or any extension of this period as may be approved by the Department of Information and Communications Technology (the “Registration Period”). Failure to do so shall result in the Automatic Deactivation of the SIM. The Deactivated SIM may only be reactivated upon successful completion of the SIM Registration process not later than five (5) days after such Automatic Deactivation.

3.2.4 Registration Requirements. A registration form must be accomplished and submitted electronically through the SIM Registration Portal containing the following information by the Retailers:

Full Name;

Date of Birth;

Complete Address;

Sex;

Assigned Mobile Number and SIM Serial Number;

Type of ID Presented;

ID Number; and

Alternative Contact Number or Email Address (optional) – SMART shall use this information to contact the Applicant should there be any concerns on the Applicant’s registration application.

Retailer shall likewise submit at least one (1) valid government-issued identification (ID) card, such as, but not limted to the following:

Passport;

Philippine Identification System ID, or the Philippine Identification Card;

Social Security System (SSS) ID;

Government Service Insurance System (GSIS) e-Card;

Driver's License;

National Bureau of Investigation (NBI) Clearance;;

Police Clearance;

Firearms' License to Own and Possess ID;

Professional Regulation Commission (PRC) ID;

Integrated Bar of the Philippines ID;

Overseas Workers Welfare Administration (OWWA) ID;

Bureau of Internal Revenue (BIR) ID;

Voter's ID;

Senior Citizen's Card;

Unified Multi-purpose Identification (UMID) Card;

Person with Disabilities (PWD) Card; or

Other valid government-issued ID with photo.

3.2.5 Activation of Load Wallet for New Individual Retailers. The Retailer Load Wallet will be activated 1 hour after successful SIM Registration and shall receive an SMS for successful SIM Registration.

3.3 SIM REGISTRATION FOR JURIDICAL RETAILERS

3.3.1 Process. SIM Registration for Juridical Retailer

All Retailer SIMs under accredited Trade Partners enrolled in their Smart Management System will be used as a reference for the SIM Registration. The trade partners will submit letters of attestation to SMART authorizing and allowing SMART to process their information and requirements needed for the SIM registration under their company names. Once successfully registered, SMART to communicate to the respective trade partners the list of MINs who are successfully registered.

The letter of attestation shall contain the following information about the Retailer:

Retailer Name;

Dealer Number;

Retailer Number;

SIM Type;

All other information will be gathered on the submitted documents during the accreditation of the Trade Partner.

Owner’s or Authorized Representative’s Name;

Business Address;

Business Registration ID (SEC or DTI)

E-mail Address of the Owner or Authorized Representative

Articles of Incorporators (if applicable)

Special Power of Attorney or Secretary’s Certificate (if applicable)

3.4 If the Retailer provides false or fictitious information or has used fictitious identities or fraudulent identification documents to register a SIM, SMART will report these acts to the appropriate government authority. Such Applicant providing false or fictitious information or using a fictitious identity or fraudulent identification documents to register a SIM may suffer the penalty of imprisonment ranging from six (6) months to two (2) years, or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300,000.00), or both, to be imposed by the government. The government may also impose other penalties on the Applicant for other acts that are punishable under the SIM Registration Law and the SRA IRR.

3.5 The Retailer undertakes not to sell or transfer registered Retailer SIM/s without complying with the registration requirements under the SIM Registration Law.

3.6 The Retailer may refer to smrt.ph/SIMRegAfterSales for the after-sales support related to SIM registration.

4. LOADING SERVICES

Retailer shall request for Load Credits for their Load Wallet from Distributor/ Key Accounts.

Load wallet of Retailers are used to top-up Load Credits to subscribers.

Distributor/Key Account shall transfer Load Credits to the Retailer/Sub-Key Accounts Load Wallet.

SMART has the right to add, modify or remove any loading services including Riders at any time without need for prior notice.

5. FEES, RATES & OTHER CHARGES

Retailer agrees to pay a Fifty Peso- dormancy charge (PHP50.00), inclusive of taxes, for 150 days Inactivity and the charge shall be deducted from the remaining amount available in the Retailer’s Load Wallet.

Other fees and charges, as may be applicable, shall be debited from the Retailer Load Wallet balance. The amount of fees and charges may be revised from time to time as SMART may deem necessary, without need for prior notice.

A monthly dormancy fee in such amounts as may be fixed by SMART shall be charged to a Retailer if there are no transactions 30 days from the Period of Inactivity and every 30 days thereafter. The Retailer agrees that the dormancy fee shall be debited from their Load Wallet Balance when the fee is due. The amount of the dormancy fee may be revised from time to time as SMART may deem necessary.

When the Retailer Load Wallet balance reaches Zero Pesos (PHP0.00) after successive deductions of the monthly dormancy fee and remains at Zero Pesos (PHP0.00) for another 150 days, SMART will terminate the SMARTLoad Service. The Retailer SIM will be deemed disconnected and will be reclassified as a regular subscriber SIM, which, will be subject to subscriber SIM Prepaid Terms and Conditions.

6. SENDING STATEMENT TRANSACTIONS

Upon Retailer request, SMART shall send a copy of the Statement of Transactions either via mail or email. The mere act of SMART sending the Statement of Transactions through the mode selected and to the address indicated by the Retailer is conclusive presumption that Retailer has received the same. SMART shall be held free and harmless from any and all liability should the Statement of Transactions be read by a person other than the Retailer. Neither may Retailer thereafter raise the defense that the Retailer failed to receive the Statement of Transactions. In all instances, Retailer may inquire about the Statement of Transactions by contacting the SMART Customer Service.

SMART shall charge a fixed fee of Php50, inclusive of taxes, for each billing period for a Statement of Transaction. This fee may subject to change without prior notice.

7. DISPUTES ON TRANSFERS

Disputed transfer transactions shall only be credited back to Retailer’s account once claim/dispute has been properly processed, investigated, and proven to be in favor of the Retailer. Retailer should submit a duly filled out request for reversal and send the same thru mail or email to SMART.

Reversals will be made only upon proper verification and validation. The details in the SMS/Text confirmation message after every transaction and/or the entries in the Statement of Transactions are presumed true and correct unless Retailer notifies SMARTLoad Hotline in writing of any disputes thereon within thirty (30) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries in the Statement of Transactions are deemed conclusively true and correct.

8. DISPUTES ON LOADS

Load transactions made by a Retailer will be considered final and will not, in any way, be reversed by SMART should Retailer load it to a wrong mobile phone number.

Retailer may request for cancellation/termination of the SMARTLoad Service provided Retailer has already registered through the SMART’s Platforms. Using the information provided, SMART shall validate the request using standard identification procedures.

Otherwise, SMART shall only act on the request for cancellation /termination of SMARTLoad Service through a written endorsement coming from the Distributor/ Key Accounts.

9. PHONE & RETAILER SIM SECURITY

All transactions made using the Retailer SIM are conclusively presumed to be made by the Retailer and the Retailer shall be liable for the same.

10. LOSS OF RETAILER SIM

The security and proper care of the Retailer SIM, as well as the confidentiality of the PIN and OTP for the Retailer SIM, any Smart Platforms or third party applications shall be the Retailer’s sole responsibility.

In case of loss of Retailer SIM by Retailer, the Retailer shall immediately inform SMART Customer Service of such loss within twenty-four (24) hours, via retailer hotline at *333 or 8845-7733. Cancellation of the Retailer SIM shall be processed only upon proper authentication of the phone call or the signature in the written report, as the case may be. All transactions made thru the use of the Retailer SIM prior to the cancellation shall continue to be the liability of the Retailer.

The Retailer shall be responsible for ensuring compliance with the requirements of the SIM Card Registration Act (Republic Act No. 11934) (the “SIM Registration Law”) in case of loss of the Retailer SIM.

11. RENEWAL, REINSTATEMENT, CANCELLATION

The Retailer shall not use the Retailer SIM without the approval of SMART. SMART has the sole option to suspend or cancel a particular Retailer SIM. A Retailer SIM, which has been suspended by SMART, may be reinstated by the latter at its option.

The Retailer’s continued use of the Retailer SIM and its Load Wallet after its suspension, termination or expiration shall be considered a fraudulent act and may be a ground for court action.

SMART reserves the right to cancel/ suspend, temporarily or permanently, any SMARTLoad Service that remains inactive over a fixed period of time, as determined by SMART.

12. TERMINATION

Should the Retailer fail to comply with the Terms & Conditions provided herein or should Retailer die or become insolvent, however evidenced, or should SMART make a determination that Retailer’s use of the Retailer SIM is or may be detrimental to SMART, its subscribers, or the public in general, the right to use the Retailer SIM and the SMARTLoad Service shall be terminated. Any aggregate and unpaid charges, fees, and other expenses for which the Retailer is liable shall immediately become due without need of demand.

13. CHANGE OF PERSONAL INFORMATION

At any time or as may be required, Retailer shall immediately update their personal information through the SMART’s Platforms.

14. CHANGE OF CORPORATE NAME

Retailer shall immediately notify SMART Customer Service via retailer hotline at *333 or 8845-7733 of any change in name. They shall likewise attach the necessary documents, such as but not limited to SEC certificate, as proof or evidence of such change.

15. EXCLUSION FROM LIABILITY

SMART shall not be liable for any loss, costs, compensation, damage or liability to the Retailer or third party arising directly or indirectly as a result of any or all of the following:

a.) Retailer is unable to perform or complete any transaction thru the use of the Smart Platform due to service/system/line unavailability;

b.) Any delay, interruption or termination of the Service whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond SMART’s control (including but not limited to acts of God, strike, lightning, interference or damage by third parties or any change in legislation);

c.) Theft or unauthorized use of the Retailer SIM or any loss, costs, damages or payable to any third party by the Retailer; and/or

d.) Any act, omission or transaction done through a third party application as covered by Section 18.

e.) Any delay in the performance or non-performance by SMART of its obligations under the SIM Registration Law, including the activation or reactivation of Retailer SIM, where the delay or non-performance resulted from an act or omission by the Retailer that prevented SMART from promptly performing its obligations.

16. LIMITATION OF LIABILITY

In the event of any action that the Retailer may file against SMART, the Retailer agrees that SMART’s liability shall not exceed PHP1,000.00 or the amount of damages actually suffered by the Retailer, whichever is lower.

17. DISCLOSURE

SMART shall keep all Retailer files in strictest confidence. SMART may, however, obtain, exchange, or release Retailer information to its associates, affiliates, officers, employees, authorized agents, lawyers, Prepaid/debit/credit bureaus, or any such persons as SMART deems to the extent that it is reasonably necessary, or as required by law, rule, or regulation. Please refer to the Privacy Notice for more information on how SMART discloses Retailers’ personal data.

18. RETAILER’S OBLIGATION

A Retailer is obligated to protect information collected from SMART Subscribers who buy Load Credits from them in accordance with Republic Act No. 10173 (otherwise known as the “Data Privacy Act of 2012”) and all other related laws, rules and regulations. A Retailer is not authorized to disclose customer’s personal information to any party or entity for processing or other purposes.

18.1 Retailer shall secure the safety, integrity and confidentiality of SMART and Rider-product customer information (collectively, “CUSTOMER DATA”).

18.2 Retailer shall not engage another entity or person to process CUSTOMER DATA without prior instruction from SMART. The Retailer shall ensure that in any such allowed further processing arrangement, CUSTOMER DATA are fully protected and secured and that obligations for data protection under this Agreement and the applicable law are implemented.

18.3 Retailer shall make available to SMART all information necessary to demonstrate compliance with the obligations laid down in the Data Privacy Act, and allow for and contribute to audits, including inspections, conducted by SMART or another auditor mandated by the latter.

18.4 Retailer shall fully assist SMART to fulfill SMART’s obligation to respond to the exercise of data subject rights of customers.

18.5 Retailer shall, at the choice of SMART, delete or return to SMART all CUSTOMER DATA at the termination or expiration of this Agreement and delete existing copies thereof unless storage is authorized by the Act or any other applicable law.

18.6 Retailer shall make available to SMART all information necessary to demonstrate compliance with the obligations laid down in the Data Privacy Act of 2012, and allow for and contribute to audits, including inspections, conducted by SMART or another auditor mandated by the latter.

18.7 Retailer shall immediately and not later than 24 hours from discovery notify SMART of any breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to CUSTOMER DATA. Retailer shall further help SMART with the investigation.

19. THIRD PARTY APPLICATIONS

Retailer acknowledges that the use of any Third Party Applications is done strictly at the Retailer’s own risk. SMART will not be held liable for any losses or damages suffered by Retailer due to the use of the Third Party Applications.

The Retailer agrees to indemnify and hold SMART free and harmless from any liability, suit, or damage arising from or connected with the Retailer's use of the Third Party Applications.

20. FRAUDULENT AND UNAUTHORIZED USE

If the Retailer or any other person, at the sole discretion of the Company, is found to use the Service for any fraudulent purpose or illegal activity, or is found to use abusive and/or indecent language to other Retailers, partners, Subscribers or Company staff, the Company reserves the right to immediately disconnect the Service without prior notice and/or refuse to reconnect the Service. The Company also reserves the right to file the appropriate legal action against the erring Retailer or person concerned, and to charge the appropriate pre-termination fee, if any. The Retailer’s right to use the Service is personal to the Retailer.

The Retailer shall not engage in the following Unauthorized Activities:

a.) Resale or any other commercial use of the Service without the prior express written consent of the Company;

b.) Utilization of the Service in bypassing or in activity/ies that tend to bypass the SMART network, billing and/or traffic routing;

c.) Use of the Service in prohibited activities like callback, dialback, unauthorized audiotext, international and national simple resale (ISR/NSR) and other similar services; or

d.) Tampering, altering, modification, or unauthorized programming of the SIM Card or its digital reference.

The Retailer shall likewise be liable to the Company for any and all compensation fee on account of any of the above Unauthorized Activities and unauthorized commercial use of the Service. The compensation fee is payable, without any limitation, from the time the Unauthorized Activity occurred until the actual cessation thereof. A penalty equivalent to one hundred fifty percent (150%) of the computed revenue losses shall likewise be charged against the Retailer if proven accountable for such Unauthorized Activity. For this purpose, the Company shall have the right to full access to the relevant books and all other records of the Retailer in order to ascertain the volume of traffic and total amount of compensation fee payable. In the absence of said record, the Company shall have sole discretion in the determination of the bypass compensation. In addition to the Unauthorized Activities referred to above, the Retailer undertakes not to use the Service for any activity that is contrary to morals and public policy or which violates any ordinance, law, decree, order, regulation or treaty ("Illegal Activities"). The Retailer agrees to indemnify and hold the Company free and harmless from any liability, suit, or damage arising from or connected with the Retailer's Unauthorized Activities and/or Illegal Activities. The Retailer further authorizes the Company to supply any and all information requested by any law enforcement or government agency/ies, or other private entities, the latter within the limits provided or by law, relative to the Retailer's subscription to the Service. The Retailer hereby irrevocably and unconditionally waives any and all its relevant remedies under the law including, but not limited, to the right to claim damages.

21. CORPORATE GOVERNANCE

To the extent applicable to the implementation of this Contract, each party shall comply with its own internal business rules and Corporate Governance policies and shall address or resolve violation(s) thereof in accordance with its own internal business rules and Corporate Governance policies.

22. VENUE OF LITIGATION

Venue of all suits shall be at Makati City.

23. NON-WAIVER OF RIGHTS

Failure, omission, or delay on the part of SMART to exercise its right or remedies under these Terms and Conditions shall not operate as a waiver.

24. SEPARABILITY CLAUSE

Should any term or condition in these Terms and Conditions be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

25. AMENDMENTS

SMART may at any time and for whatever reason it may deem proper, amend, revise or modify these Terms and Conditions. Any such amendment shall bind the Retailer upon notice thereof by any means unless the Retailer objects thereto by manifesting his intention to terminate the SMARTLoad Service in writing and surrendering the SIM within fifteen (15) days from notice of amendment. Failure to notify SMART of Retailer’s intention to terminate the SMARTLoad Service shall be construed as acceptance by the Retailer of the amendments to these Terms and Conditions.

26. AGREEMENT

The Retailer agrees to be bound by this Contract governing the issuance and use of the Retailer SIM and the use of SMARTLoad Service upon activating and loading. The provisions in this Contract shall be applicable only in those instances where the SMARTLoad Service has been availed of by the Retailer. Should the Retailer disagree with this Contract, the Retailer shall call or provide a written notice of cancellation to SMART Customer Service, otherwise, the Retailer shall continue to be liable for all charges incurred through the use of the Retailer SIM and the SMARTLoad Service.

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GENERAL PRIVACY NOTICE

Smart Communications Inc. (“SMART”) respects your fundamental right to privacy and we commit to take great care in safeguarding your personal data. Throughout your use of our services, we collect and maintain some basic information about you. In accordance with applicable privacy laws, we share with you the general principles that govern how we collect, use, and share your personal data, as well as our privacy practices.

Why we collect your personal data

When we process your personal data, we do so under the following legal bases and for the purposes set out below:

We process your personal data to perform our obligations under contract with you.
- To create and nurture a relationship with you.
  
  You shall be assigned to an authorized SMART Trade Partner so that we can continuously provide you with our services in your location. Our Trade Partners handle the fulfillment of your orders so that you can continuously sell.
- To facilitate load top-up transactions for your customers.
  
  As a SMART Retailer, we have enabled various channels for you to sell airtime load and non-telco prepaid services to your Customers.
  
  Collection of your Customers’ personal data for Prepaid Load Sales
  
  To facilitate your load transactions, you have to share with us personal data about your customers such as but not limited to their Mobile Numbers, Meralco Service ID Number (for Meralco Kuryente Load), and Cignal Account Number (for Cignal Prepaid Load). You confirm that, before providing us the personal data of your Customers, you have obtained their permission, in the form and following the procedure required by privacy laws, to collect and share their personal data with SMART and its affiliates, partners, and service providers so that we may process such data for crediting your customers’ load; and analyzing such data to monitor your sales. We retain your Load Transaction History in our records for a maximum period of five (5) years.
- To replenish your wallet.
  
  You may replenish your load wallet through existing offline loading channels, including direct purchase of funds from an authorized SMART Trade Partner.
We process your personal data based on our legitimate interest to function effectively as a business, but we only do so when our legitimate interest does not override your interests and fundamental rights and freedoms.
- To continuously improve our business and operations.
  
  selling transactions through our loading platforms, as well as your usage of our network facilities to help us manage your retailer account, provide you with aftersales care, investigate and resolve your service-related requests and concerns, monitor the quality and security of the network and platforms, train our staff, and plan for future growth. We may also process your contact details and publish them in an internal directory listing, in order to effectively communicate with you, as may be needed, when you request for assistance.
- To continuously improve our products and services.
  
  We collect, use, process, and analyze data to determine your selling profile by analyzing sales records 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 selling patterns for insight on saleable load denominations and offers and buying peak and off-peak days.
- To understand your needs and preferences so that we can serve you better.
  
  We conduct analysis based on other activities such as when you participate in our market research and retail trade audit initiatives, when you interact with your assigned Trade Partner, and when you visit and use our websites and mobile apps such as the SMART and TNT corporate websites, the Ka-Partner App, and the MyPLDTSmart website and mobile app. We do so in order to gain a better insight about the kinds of sales programs that would be relevant to your area.
- 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.
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 may also perform other required personal data processing or disclosure to meet other relevant legal and regulatory requirements.

When we disclose your personal data

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.

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 customer contact centers for our aftersales hotline operations;
Law enforcement and government agencies

but only when required by laws and regulations and other lawful orders and processes.

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.

For a 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 personal data are important to us. That’s why we strictly enforce this 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 applicable laws, and (d) for special cases that will require the exercise or defense of legal claims, and for a maximum retention period of 10 years from the transaction date;
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 information is always protected;
We promptly notify you and the National Privacy Commission, 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; and
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 the Data Privacy Act of 2012 (Republic Act No. 10173). 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:

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 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 based on your consent, e.g., for purposes related to 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 through the contact details provided below. 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 any of 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 National Privacy Commission 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