Privacy Policy

MCI values its Members’ right to privacy and is committed to protect the personal data of its Members. The Company is committed to comply with Republic Act No. 10173 (Data Privacy Act of 2012) and its implementing rules and regulations, including the pertinent issuances of the National Privacy Commission. This section describes How MCI and its Service Group, as defined above, will collect, use, process and share all personal data shared with the Company in line with the SMAC Membership Program. The parties agree to be bound by the provisions of this Article.

WHO WE ARE AND OUR PRIVACY COMMITMENT
This is the Marketing Convergence, Inc. (MCI) Privacy Policy. We value and respect the privacy right of our customers as Data Subject under Data Privacy Act of 2012. The objective of this policy is to disclose how the company collects, uses, retains and dispose the personal information of our customers in accordance with the requirements under the DPA and IRR. We provide this policy outlining our practices and security measures to ensure the data subject that appropriate guidelines are in-place in handling their personal information.

OUR SERVICES
MCI’s role is to operate and manage the SM Advantage Loyalty Program which aims to incentivize purchasing behavior of its customers. SM Advantage is the biggest loyalty program in the country with the widest network of stores like The SM Store, SM Markets, and other SM Retail establishments that let our members earn and redeem points every time they shop. Aside from reward points, our members get exclusive access to sale events, discounts, special offers, and freebies within SM and our external partners. SM Advantage members who have reached the required spending level at SM stores and external partners can be upgraded to SM Prestige, an elite membership program.

WHAT WE COLLECT
In the course of membership with the SMAC Loyalty Program, the Member will be asked to provide his Personal Data which shall be collected and processed by the Company and its Service Group pursuant to the terms stated hereunder. The personal data we may collect from you are as follows:

  • At point of card activation:
    • Mobile number
  • At point of creating an account/card personalization:
    • Full Name (First Name, Last Name, Middle Initial)
    • Date of Birth
    • Gender
    • Civil Status
    • E-mail Address
    • Home Address (Province, Municipality, Barangay)
    • Occupation
  • At point transaction as a member:
    • Purchase details such as but not limited to items, amount, payment tender, transaction date, time, branch, among others.
    • Voice recordings (conversations with customer service representatives).
    • CCTV footages (available in SM Prestige Lounges exclusive to SM Prestige members).
    • Questions, comments, concerns or complaints (either through voice recording, email conversation, survey, among others).

The Member is responsible in ensuring that the personal data he provides is accurate and up-to-date. MCI shall not be held liable for any loss, damage, injury or claim arising from the Member’s failure to keep his personal data file updated.
Amendments, corrections or any other changes in the Member’s personal data may be coursed through MCI’s digital platforms or by calling the SMAC Assist Hotline:

8-833-8888/7-944-3888 (for Metro Manila)
1-800-10-833-8888/1-800-8-944-3888 (for areas outside Metro Manila)
0917-833-2090 (Globe)
0998-533-8888 (Smart)
0923-833-8888 (Sun)

SMAC reserves the right to store personal data of its members where SMAC considers it necessary or appropriate for the period allowed under the applicable laws and regulations. The standard length of time that we keep and store your data is 3 years after your account has expired.

WHY WE COLLECT, USE, PROCESS PERSONAL DATA
The Personal Data collected shall be used or processed pursuant to any or all of the following purposes:

  1. For administration of the SMAC loyalty program, including points crediting and availment, management and maintenance of Member’s account;
  2. To verify your identity;
  3. Direct marketing;
  4. Market research and analysis – to better understand your interests;
  5. Administrative or commercial announcements/information such as but not limited to discounts, sales and marketing promotions/activities, including such offers which may be beneficial to the Member, and;
  6. To render such services which may be requested by the Member such as but not limited to addressing inquiries and complaints, updating or deletion of records;

Your personal information will be processed as long as your account is active, and will be retained for a period of 3 years after your account has expired. Disposal of your personal information regardless of media are made in a secure manner that would prevent further processing, unauthorized access and disclosure.

CONSENT
Member’s consent to the collection, use or otherwise processing of the Member’s personal information by MCI and its Service Group was obtained at the time of submission of application for membership and/or purchase of the SMAC membership kit. By using the issued SMAC Card and participation in SMAC loyalty program, the Member affirms his consent to the processing of his personal data. Below is a copy of the Member’s consent form:

“By clicking the [button name] below, you confirm that you have read & agreed to Marketing Convergence Inc.’s Data Privacy Policies. You also agree to be bound by the Terms & Conditions of SMAC Membership & all future amendments thereto.”

The Member understands that should he/she be chosen as a winner in SMAC’s contests and/or promotional campaigns or automated electronic draws, his or her name may be published in social media sites or in such media which MCI may deem proper.

HOW AND WHEN DO WE COLLECT YOUR PERSONAL DATA
To avail of the loyalty program the primary requirement is the collection of personal information through online and in-store membership application system. MCI collects personal information when you provide the same either manually, electronically or automated means.
We may also collect certain information by automated or passive means using a variety of technologies such as when you connect your computer to the internet or when you view our website from your mobile phone or download and use our mobile application. The information which may be collected include the following:

  • Internet Protocol (IP) address;
  • computer/mobile device operating system;
  • browser used;
  • kind of mobile device used and the characteristics of the mobile device such as, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device;
  • browsing behavior;

WHERE WE PROCESS AND STORE DATA
MCI stores, processes and transmits personal information only within the Philippines. MCI shall comply with the applicable laws and regulations should it transfer the storage and/or processing thereof outside the country. MCI, however, may dispose or delete in a secure manner any such personal information in the event that such personal information is not, or no longer, necessary for the Purposes.

OUR COMMITMENT TO PERSONAL INFORMATION SECURITY
MCI ensures the security and protection of your personal information against risk of data loss, unauthorized access and disclosure, alteration and unlawful processing. Aside from establishing policies, rules, procedures and guidelines, the company also ensure all information are secured and protected within the scope of the organization. The company also has undertaken procedures to conduct Privacy Impact Assessment to evaluate and manage the impact of privacy of a particular project, program and process. MCI also ensures that a Personal Data Breach Management is in place.

MCI uses various appropriate measures to safeguard your personal information. This includes but not limited to:

  1. Organizational measures: appointment of Data Protection Officer, access control policy, security awareness training, among others.
  2. Physical measures: security on data centers, card storage, biometric devices, among others.
  3. Technical security measures: encryption, anti-virus software, among others. 

DATA SHARING
Our service providers and contractors:
In order to deliver certain services to you, we may need to share your personal data with some of our service partners. These include our technology partners, payment processors, logistics providers, courier services and marketing service providers. Our accredited service providers have confirmed that they apply appropriate data protection policies and security controls to keep your personal data safe and secured. We have also imposed contractual obligations on these service providers to ensure that they can only use your personal data to render the services agreed upon in relation to your SMAC Membership.

Other third parties:
SMAC will not disclose your personal data to other third party, except as set out below:

  1. Our carefully selected business partners who will extend exclusive privileges in accordance to the SM Advantage Loyalty Program;
  2. Authorized third-party service providers such as but not limited to technology partners, payment processors, logistics providers, courier services;
  3. Business which acquires all or part of the SMAC business;
  4. Governmental bodies, regulators, law enforcement agencies, courts or tribunals, insurers when we are required to do so – to comply with a legal obligation, to exercise a legal right, to prevent or aid an investigation of a crime or to prosecute offenders and/or to protect our employees or customers.

In sharing your personal information with the above mentioned persons/entities, we will endeavor to keep your personal information secure from unauthorized access, collection, use, disclosure, or similar risks and retain your personal information only for as long as they need your personal information to achieve the abovementioned purposes.
Any personal information entrust with such parties shall also be covered by the appropriate agreement contract, security requirements and annual monitoring and security checks to ensure that all personal information is adequately safeguarded in their possession.

COLLECTION OF COMPUTER DATA
We or our authorized service providers may use cookies, web beacons, and other similar technologies for storing information to provide you with a better, faster, safer and personalized experience when you use the Services and/or access the Platform.
Cookies contain information about the web activities of the user. This allows MCI to understand more about your visit and help us to enhance your experience and may be used for authentication and storing website information or preferences. You are free to accept or decline cookies by modifying your browser setting to decline cookies. However, should you choose to decline cookies, you may not be able to fully experience the features of the Platform.
Web beacons are small graphic images that may be included on our Service and the Platform. It will allow the Company to count users who have viewed these pages, the time spent on the pages, the items searched for, among others, through the use of Platform so that we can better understand your preference and interests so we can improve our services further.
If you do not want to accept cookies from SMAC Platform, you can change your browser settings so that cookies are not accepted. If you choose to do this, please be aware SMAC Platform may no longer function as intended.

THE RIGHTS OF THE DATA SUBJECT
The Member is aware of the rights of a Data Subject under the Data Privacy Act 2012. Pursuant to said rights, the Data Subject may request access and correct the personal data provided by him/her to MCI/SMAC. Although the Member has the right to object to the processing of his/her information, it is hereby understood that SMAC may continue to collect and process the Member’s personal data when the purpose of processing is mandated by law or regulations issued by competent authority or when it is necessary for the performance of or in relation to a contract.

Inquiries or questions relating to the rights of the data subject or on the processing of the Member’s personal data may be sent to:

The Data Protection Officer
Company: Marketing Convergence Inc.
Address: SM Corporate Offices, Bldg B , J.W. Diokno Blvd.,
Mall of Asia Complex Pasay City, Philippines 1300
Email: dpo@smadvantage.com
Contact Number: 8-833-8888/7-944-3888 (for Metro Manila)
1-800-10-833-8888/1-800-8-944-3888 (for areas outside Metro Manila)
0917-833-2090 (Globe)
0998-533-8888 (Smart)

INQUIRY
For inquiries regarding the processing of personal information stated in this Privacy Policy, as well as any concerns or complaints regarding data privacy, or the exercise of your rights as a Data Subject under the DPA, you may contact the DPO as follows, provided that any complaint should be in writing, clearly state the material facts, specify your contact information, include supporting evidence and be submitted to the following office address or email address:

Data Protection Officer
Email: dpo@smadvantage.com
Helpdesk contact number:
8-833-8888/7-944-3888 (for Metro Manila)
1-800-10-833-8888/1-800-8-944-3888 (for areas outside Metro Manila)
0917-833-2090 (Globe)
0998-533-8888 (Smart)
0923-833-8888 (Sun)

MINOR
Our website is intended only for persons who are at least eighteen (18) years old. We neither offer products or services to, nor knowingly collect personal data of, persons below the age of eighteen (18) years (“Minors”) without any legal basis. Should we learn that we were provided with personal data of Minors without any legal basis, we will delete the same from our database. If you are a Minor, please do not provide any personal data to us, such as your name, age, gender, email address, contact information and the like, and kindly consult your parent(s) or guardian(s) first before visiting any website.

AMENDMENT
MCI reserves the right to amend or modify this Policy, as may be needed, to comply with the mandate of the Philippine Data Privacy Act of 2012 (R.A. 10173, hereinafter “DPA”) and other relevant laws, rules and regulations. All changes or modifications on the Policy or terms and conditions of membership shall be posted at the www.smadvantage.com for your guidance. A full version of MCI’s privacy policy is posted at www.smadvantage.com.