PRIVACY NOTICE AND GENERAL CONSENT FORM
*** This document only applies to subscribers who have an originally SunTM-branded Prepaid SIM activated before October 21, 2020. For Prepaid SIMs activated on October 22, 2020 and afterwards, please refer to this link: https://smart.com.ph/Corporate/privacy. ***
Digitel Mobile Phils., Inc. (“DMPI”) 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:
A. 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, we process information about your usage of our prepaid services so that we may collect fees from your load top-ups for the products that you avail from us. We also process the same usage information as a means to validate your possession of your prepaid account when you make after-sales care transactions through our hotline or stores.
B. We process your personal data based on our legitimate interest to function effectively as a business, but we only do so when our legitimate business interests do not override your personal interests and fundamental rights or freedoms.
• 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.
• 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 frequency 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 such as the Giga Life App and MySMART Website. 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.
C. 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 and voice calls. 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.
D. 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.
This means we might share your information with:
• Our service providers, contractors, and professional advisers who help us provide our products and services. The operations of our prepaid business have been outsourced to Smart Communications Inc. ("Smart") and its sub-contractors. These include load selling, product and service development, customer care channels and activities, and our privacy operations.
In this regard, even if you see the SmartTM brand used for our originally SunTM-branded prepaid products and services, DMPI remains as the controller of your personal data;
• 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 as we have done with rebranding our prepaid products and services from SunTM to SmartTM.
This rebranding now allows you to also avail of SmartTM products and services. Please note, however, that your usage of SmartTM products and services is subject to Smart's own terms and conditions as well as its own privacy notice: https://smart.com.ph/Corporate/privacy. For inquiries on Smart's privacy practices, you may reach out to the Smart Data Privacy Office by emailing firstname.lastname@example.org;
• 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.
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 DMPI, 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 DMPI 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 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 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: 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 machine-readable 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, such as 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, or by accessing https://apps.smart.com.ph/privacy. Please note that this will not affect the lawfulness of the processing that was carried out before you withdrew your consent or DMPI’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 DMPI 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).
DMPI Data Privacy Office
6799 Ayala Ave., Makati City, 1226, Philippines