SMAC's Privacy Policy

DAC Privacy Policy as of 10/01/2020
Released on October 2020

DIGITAL ADVANTAGE CORP. PRIVACY POLICY

 

Who We Are:

Digital Advantage Corporation (DAC) operates and manages SM Advantage Loyalty Program which aims to incentivize the purchasing behavior of its members. SM Advantage (“SMAC”) is the biggest loyalty program in the country with the widest network of stores like The SM Store, SM Markets, Specialty Stores, and other partner merchants where our members earn and redeem points every time they shop. Our Members also get exclusive access to sale events, discounts, special offers, and freebies within SM and our merchant partners. SMAC members who meet the criteria and spending level in a year may be upgraded to SMAC Prestige, an elite version of SMAC.

 

Our Commitment:

We value and respect our members’ privacy rights under the Data Privacy Act of 2012 (DPA). The objective of this policy is to inform our members how we collect, use, share, retain, and dispose their personal data in relation to their membership with the SMAC Loyalty Program and its related services. This policy also outlines our practices and the security measures we have in place to ensure that our members’ personal data are protected and processed in accordance with the law.

By signing up with SMAC Loyalty Program or by members’ continued use and availment of the SMAC privileges, including use of its services or technologies such as, but not limited to, the SMAC application and/or its website, the member confirms that he has read, understood and agree to be bound by this Privacy Policy.

 

What We Collect:

In the course of membership with SMAC Loyalty Program, the member will be asked to provide his or her personal data, depending on the services which the member is using. The personal data we may collect from you are as follows:

  • Full Name
  • Contact Numbers
  • Address
  • Email Address
  • Date of Birth
  • Gender
  • Civil Status
  • Occupation
  • Purchase Information
  • Shopping Preferences
  • SMAC Card Number
  • IP Address and Device Information
  • Browsing Behavior
  • Account Password and Login Details
  • Nature and Details of Inquiries, Concerns or Complaints coursed through the SMAC members’ contact center (SMAC Assist)
  • Images captured through the use of CCTVs – in case of member’s use of SMAC Prestige Lounges or when the member goes to SMAC customer service counters
    Voice Recordings when the member calls the SMAC customer service hotline

The member is responsible in ensuring that the personal data he provides is accurate and up-to-date. A member may update his or her personal data at any time by accessing the member’s SMAC account on the SMAC application through his mobile phone or a web browser.  DAC shall not be held liable for any loss, damage, injury or claim arising from the member’s failure to keep his account information or personal data file updated.

 

How Will We Use Your Personal Data:

The personal data collected shall be used or processed pursuant to any or all of the following purposes:

  1. For administration of SMAC loyalty program, including registration, maintenance of the SMAC account, points earning or redemption and such services related to SMAC Loyalty Program;
  2. To verify your identity when you access your account;
  3. For direct marketing;
  4. For market research and analysis – to better understand your interests and preferences;
  5. To send you marketing promotions, offers, to inform you of the latest news on SMAC events which may be sent through email, post, phone and SMS for SMAC services, and other electronic means of communication;
  6. To administer any raffle draws or competitions;
  7. 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;
  8. To develop and test any changes or improvements to our website or services;
  9. To send you service emails or communications required by law to update you about any changes to our policies or services or any information required by law to be disseminated;
  10. To provide such related services necessarily related to your SMAC membership;
  11. To serve the Company’s legitimate business purposes.

In certain circumstances, DAC may need to provide or disclose the member’s information to enable us to comply with legal or regulatory requirements, such as criminal, civil or administrative investigations, among others.

 

Member’s Consent:

Member’s consent to the collection, use or otherwise processing of the member’s personal data by DAC and/or its Service Group was obtained at the time of submission of application for membership, whether manually or electronically, and/or purchase of the SMAC membership kit. By using the issued SMAC Card and participating in SMAC Loyalty Program, the member reaffirms his consent to the processing of his personal data. Below is a copy of the Member’s consent provided by DAC:

“By submitting your application for membership to SMAC Loyalty Program or by creating a Member Account through our website and related applications and your continued use of SMAC, you signify that you have read, understood and agree to be bound by DAC’s Terms of Membership & its Data Privacy Policy.

Subject to applicable laws and regulations on data privacy and protection, you hereby give your full and absolute consent to DAC and its Service Group to collect, store, use, share or otherwise process your personal data in accordance with the purposes & terms disclosed in SMAC Loyalty Program’s Privacy Policy, such as but not limited to account management, direct marketing, data analytics, commercial or administrative announcements on system enhancements, updates, discounts, sales & marketing promotions and/or for the performance of such other services which you may request from DAC or SMAC. Finally, should you be chosen as future winners in any SMAC contests and/or promotional campaigns or automated electronic draws, you hereby give your consent that your name may be published in social media sites or in such media which may be necessary to comply with requirements of regulatory agencies.”

The member is expected to read carefully the Terms and Conditions of Membership, including the Privacy Policy of DAC or SMAC Loyalty Program.  A member can withdraw or modify the scope of consent provided to SMAC by contacting our Data Protection Officer in the contact details below. Please note, however, that should a member opt to withdraw or limit the scope of consent provided, we may not be able to provide certain services and the member is unlikely to receive our optimal overall member experience.

 

Data Sharing:

  1. 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 group consisting of the following:

      1. Our officers, employees, personnel, and consultants;
      2. Our affiliate companies which may render services to us;
      3. Our authorized service providers, such as but not limited to: IT providers, data encoders, website and database hosts, couriers and delivery, advertising and marketing service providers, card printers.

    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. We only share such information that is needed to provide services to you and if we stop using a third party, we require them to return and remove your information from their systems. We do not, and will not, sell your personal data. 

  2. Disclosure to Third Parties

SMAC will not disclose your personal data to other third parties outside our service group, except as set out below:

    1. Our carefully selected business partners who offer exclusive and SMAC approved promotions and privileges to SMAC members, if we have your consent to share your information;
    2. Merchant partners which agreed to award SMAC points and/or allow its redemption in their stores in line with the SMAC loyalty or point earning/redemption program, these merchant partners include our partner companies from Retail, Petroleum, Telecommunications, Insurance, Financial/Credit Card, Transportation, Food Service, Real Estate, and Hospitality Industries, among others;
    3. a business or company 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, e.g. 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 members.

 

Where We Process and Store Data:

DAC stores, processes, and transmits personal data only within the Philippines. DAC shall comply with the applicable laws and regulations should it become necessary to store your data in another jurisdiction.

 

Information Security:

DAC ensures the security, protection of your personal data against risk of data loss, unauthorized access and disclosure, alteration, and unlawful processing. Aside from establishing policies, rules and procedures, the company also ensures that all information are secured and protected within the scope of the organization. The Company conducts periodic Privacy Impact Assessments to evaluate and manage the privacy implications of projects, programs and processes. DAC also ensures that a Personal Data Breach Management is in place.

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

Organizational measures: appointment of Data Protection Officer, access control policy, security awareness training, among others.

Physical measures: security on data centers, card storage, biometric devices, among others.

Technical security measures: encryption, anti-virus software, among others.

 

How Long We Will Store Your Information:

DAC will store your information for as long as the Member retains his or her membership to the SMAC or SMAC-Prestige Loyalty Program or, for as long as is needed for us to be able to provide the relevant services to the Member. DAC’s general retention policy is to retain information for 3 years from expiration or termination of SMAC Membership.

In some circumstances, such as to meet our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may hold on to your personal data after we’ve finished providing services to you, or for a longer period than what is stated in our general retention policy.

 

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 SMAC Services and/or access our digital platforms and technologies.

Cookies contain information about the web activities of the user. This allows DAC 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 in our services and digital platforms. 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

As a data subject, you have the right to be informed, to object, to access, to rectify, to erasure or blocking, to damages, to data portability, and to complain. These rights may be exercised in accordance with the prevailing issuances on the subject matter. If you wish to correct or update your personal data, we may ask some information in order to verify your identity in order to avoid unwanted disclosure of personal information. We have included here contact information that can be used to voice clarifications and complaints relative to your personal information. Any complaint should be made in writing, clearly state the material facts, specify your contact information and include supporting evidence, if applicable. DAC reserves the right to require further documentation from you, depending on the nature of your request/inquiry.

 

Minors

Our website is intended only for persons who are at least eighteen (18) years old. We neither offer products or services nor knowingly collect personal data of persons below the age of eighteen (18) years (“Minors”) without any legal basis or consent of the minor’s parent or guardian. Should we learn that we were provided with personal data of minors, we will delete the same from our database.

 

Inquiry:

For inquiries relating to your personal data or about this policy, or if you would like to exercise any of your rights as Data Subject or if you would like to raise concerns regarding data privacy, please contact our Data Protection Officer at:

Digital Advantage Corp. Data Protection Officer

4th Floor One E-com Building Harbor Drive
Mall of Asia Complex Pasay City, Philippines 1300

 

Email: dpo@smadvantage.com

Helpdesk contact number:

833-8888/944-3888 (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)

 

We urge you to submit your inquiries, request or concerns in writing for proper documentation and monitoring. Kindly provide our DPO with the factual background, documentary evidence, if any. Please provide information on how we can contact you regarding your concern/inquiry or complaint.

 

Changes to Our Privacy Policy

This Privacy Policy is subject to periodic review. We may update this Privacy Policy as we may deem fit or as may be necessary to comply with government regulation. We may also revise this policy to comply with the industry’s best practices or if there is a need to revamp the website to adapt to new requirements of technologies or security protocols. All changes on this policy will be posted on our official page smadvantage.com and on the SMAC Mobile Application. Provisions which were revised will be highlighted for your ready reference.

 

Version 10/01/2020


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