Privacy Statement

updated June 06, 2023

SM Development Corporation, including its parent company, subsidiaries, affiliates,and related companies which shall be collectively known as “SMDC”, collect, process and store personal data about you when you avail of their products and services, including its websites and mobile applications, participate in their events, apply for a job with them, or enter into any contract with them (“Services”), provided that you have given your express consent. This privacy policy has been prepared to better serve any person who avails any of the Projects of SMDC to inform them on how their personal data are being collected, used and secured by SMDC. Please read our privacy policy carefully to get a clear understanding of how SMDC, uses, protects or otherwise handles your personal data in accordance with Republic Act No. 10173, or the Data Privacy Act of 2012, and its Implementing Rules and Regulations (collectively, the “Data Privacy Act”)..

Collection of Personal Data

The information that we collect are only those necessary and relevant to our dealings with you. Said information will be kept for as long as they are pertinent for the purpose for which they were collected and/or as we are required under the law. We shall immediately destroy or dispose in a secure manner any personal information, the retention of which is no longer allowed under the law. By visiting our premises or by voluntarily providing your personal information, you agree to our Privacy Policy and explicitly authorize us, our employees, authorized representatives, related companies, and third party service providers to collect your personal data via the forms you fill up and documents you submit, as well as the use of CCTV recording around our premises. When you undertake any of the said actions, the personal information we collect from you may include, but are not limited to:

Name
Home Address
Email Address
Contact Number
Mobile Number
Date of Birth
Gender
Educational Background
Work Experience
Government-issued identification numbers
CCTV footages

The personal information that we collect are those you have voluntarily submitted to us. If you provide personal information of any third party to us, we assume that you have obtained the required consent from the relevant third party to share and transfer his/her personal information and to allow us, our agents and third party service providers to process said information in accordance with this Privacy Policy. If you choose to withdraw the consent for the collection, use and processing of personal information, we may not be able to provide you with our services.

Use and Processing of Personal Data

SMDC may use and process the personal data collected about you to allow your agent to assist you in complying with the requirements of your account, or for you to participate in the Event, other similar events to be held by SMDC, including the publication of your name should you win the same, and other discounts, promos, sales, advertisements, marketing activities and commercial communications of SMDC, including direct marketing. However, if necessary, SMDC may subject the personal information to additional processing before using the same. SMDC may use the information that it collected from or provided by you to:

Process job applications and comply with requirements of government agencies such as, but not limited to, BIR, Pag-IBIG, Philhealth, SSS, etc.
Respond to your online inquiries and requests
Improve our online services by performing data analytics
Generate statistical information
Comply with applicable legal requirements, relevant industry standards and Company policies

SMDC may also use your personal information in other ways for which you will be provided specific notice at the time of collection. At all times, your personal data shall not be used or processed for any purpose that is contrary to law, morals, or public policy.

Sharing of Personal Data

SMDC may share personal data between and among the entities comprising the same or to another constituting the SM Group of Companies, to enable them to provide you personalized Services. SMDC may also share personal data with your real estate agent, vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on behalf of SMDC. If and when it becomes necessary, a data sharing agreement shall cover any sharing of data between and among SMDC and/or its real estate agents, vendors, consultants, marketing partners, and other service providers. SMDC reserves the right to transfer your personal information, so as not to unnecessarily disrupt our transactions with you, in the event we sell or transfer all or a portion of our business or assets. We will use reasonable efforts to direct the transferee to use and process your personal information in a manner that is consistent with this Privacy Policy. We may also disclose information that is necessary to comply with any applicable law, regulation, legal process or governmental request. In addition, we may disclose any information when it is necessary to prevent physical harm or financial loss or in connection with suspected or actual illegal activity.

Storage and Protection of Personal Data

SMDC has instituted policies and procedures which intend to protect personal data which it has collected and continues to collect. These include securing any document containing personal data, requiring the execution of non-disclosure agreements by its employees, consultants, vendors, suppliers and contractors, among others. SMDC’s websites are scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to said website as safe as possible. SMDC also uses regular Malware Scanning. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. SMDC implements a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers. While there will always be a risk of unauthorized disclosure of personal data, SMDC believes that the foregoing safeguards are sufficient to prevent the occurrence of such risk and is committed to updating and improving such safeguards in order to protect your personal data in compliance with the Data Privacy Act.

Use of Cookies

Please note that in visiting SMDC’s websites, cookies are utilized. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, SMDC uses cookies to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved Services. SMDC also uses cookies to help it compile aggregate data about site traffic and site interaction so that SMDC can offer better site experiences and tools in the future. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies. If you turn cookies off, some features will be disabled. Some of the features that make your site experience more efficient and may not function properly.

User Responsibility

While we employ all necessary precautions to safeguard your information, we cannot warrant 100% cyber security. SMDC encourages you to use the latest version of web browsers. The most important reason to keep your browser up-todate is for your own safety and security. Updated web browsers are normally equipped with security features that provide anti-phishing protection, improved parental controls and tools to prevent malware and other privacy threats. Our website may also contain hyperlinks to third-party websites that are not owned or controlled by SMDC. The links to third-party websites are provided for your convenience and information only. SMDC advises you to read and study the privacy policy of third-party websites to determine how they handle and protect information they collect from you.

Your Rights under the Data Privacy Act

As a data subject, you have the following rights under the Data Privacy Act:

You have the right to be informed of the collection and processing of your personal data, the purpose for which they will be processed, among others. Thus, you are required to read this privacy policy before giving your consent to the collection and processing of your personal data. If you have questions, please do not hesitate to ask us questions or clarifications and you may also contact our Data Protection Officer;
You have the right to object to the processing of your personal data. You will be given an option or opportunity to withhold your consent to the processing of your personal data whenever SMDC communicates with you or by notifying our Data Protection Officer;
You have the right to have reasonable access to your personal data by notifying our Data Protection Officer;
You have the right to rectify or correct any inaccuracy or error in your personal data by submitting your request for rectification or correction to our Data Protection Officer;
You have the right to suspend, withdraw or order the blocking, removal or destruction of your personal data in accordance with the requirements of the Data Privacy Act. Please notify our Data Protection Officer if you wish to exercise this right;
You have the right to obtain a copy of your data in an electronic or structured format if the same is processed by electronic means and in a structured and commonly used format by submitting your request to our Data Protection Officer; and
You have the right to be indemnified if you incur damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your personal data.

Accessing Links To Other Sites

Our Website may provide links to other websites, which may operate independently from us. Linked sites have their own privacy notices or policies. SMDC is not responsible for websites that are not owned or operated by us, we are not responsible for the linked sites’ content, any use of the sites, or the privacy practices thereof. If you have accessed our online services through a link from our advertising or marketing partners, the information you provide to us through these framed web pages is collected by us, and our use of this information is governed by this Privacy Policy.

Changes to the Privacy Policy

Our online services will continue to evolve to bring you new features and services and to implement technological advances. As a result, we may change this Privacy Policy from time to time without prior notice. If SMDC makes any significant change in the collection, use, and protection of personal data, SMDC will provide you notice through the Services or by some other means, such as email. It is encouraged that you periodically review the Privacy Policy in the SMDC website for the latest information. By downloading, installing, accessing, or using any of our online services after we post any such changes, you agree to the terms of this Privacy Policy as modified.

Contacting Us

If there are any questions regarding this privacy policy, you may contact our Data Protection Officer with the following contact details:

Title/Designation: Data Protection Officer
Postal Address: 15/F Two E-Com Center, Harbor Drive MOA complex, Pasay City, 1300 Philippines
Telephone Number: (02) 8 857-0100
Email Address: dpo@smdevelopment.com

Consent

We will secure your consent/authorization prior to the collection and processing of your personal data through applicable forms that you fill up at the time of your purchase or sent to you through electronic mail within the duration of your purchase. Before you give your consent authorization, you will be provided with an opportunity to read and review this Privacy Policy. If you are below eighteen (18) years old, SMDC requires you to secure consent from your parents or legal guardians in order to use any of the Services. SMDC does not specifically market to persons under eighteen (18) years old. If you consent/give your authorization to the collection and processing of your personal data in accordance with the Privacy Policy, such consent/authorization shall be valid for a period of ten (10) years from the date such was given or such longer period as may be required by applicable law or when necessary as provided by the Data Privacy Act, or unless you have expressly withdrawn such consent/authorization. By signing the accompanying sign-up sheet or ticking the “Agree” button if your personal data was collected manually or electronically, respectively, you are expressly giving your consent to the collection, processing and storage of your personal data as provided herein.

Privacy Policy