SM Markets Gifts Privacy Policy
We at SM Markets, composed of Supervalue, Inc. (SVI/SM Supermarket), Super Shopping Market, Inc. (SSMI/SM Hypermarket) and Sanford Marketing Corporation, (SMCo/Savemore Markets), value you and your privacy rights. We are committed to protect the personal and transactional data we collect and receive from you when you use the SM Markets Gifts services through its official website https://gifts.smmarkets.ph/ and mobile application. This privacy policy outlines our privacy practices and how we will use, process and protect your personal and transactional data. As such, we encourage you to read and understand these terms carefully.
By using the SM Markets Gifts services or, by creating account through the SM Markets SM Markets Gifts channels, you acknowledge that you have read and understood our Terms of Service & this Privacy Policy and that you agree to be bound by the same. By availing of our services, you also confirm that you have voluntarily given your consent to the collection, use, sharing or processing of your personal and transactional data in accordance with the procedures and purposes stated in this privacy policy.
We reserve the right to amend or modify this Policy to comply with the mandates of the Philippine Data Privacy Act of 2012 (R.A. 10173) and other relevant laws, rules and regulations. All changes or modifications on the Policy shall be posted on our website.
A. DEFINITION OF TERMS
In order to have a better understanding of this Policy, the following words shall be defined as follows:
- “Data Subject” - refers to an individual whose personal or sensitive personal information is collected, used, shared or otherwise processed by a data controller as may be defined under the Data Privacy Act of 2012 (Republic Act No. 10173) and its implementing rules.
- DPA Legislation” - shall refer to Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, its implementing rules and regulations.
- “Mobile Application” – shall refer to the SM Markets SM Markets Gifts mobile application.
- “Personal Data” – refers to any data, whether true or not, from which an individual person can be identified or ascertained; or from that data and other information which we may access to. It includes “personal information” and “sensitive personal information as defined by DPA Legislation.
- “Process”, “Processes”, “Processing” or “Processed” shall have the meaning as defined by DPA Legislation.
- “Website” - shall refer to the online the official website of the SM Markets Gifts registry with web address at https://gifts.smmarkets.ph/
B. WHAT PERSONAL DATA DO WE COLLECT FROM YOU:
We may collect, use, process, and share with our affiliates and service providers, on a need-to-know basis, the following personal data when you avail of SM Markets' Gifts service and/or create an account in our website or mobile application:
- Full Name
- Mobile Number
- Email Address
- Home Address
- Delivery Address & Billing Information
- Purchase Order Details
- Debit or Credit Card Masked Number, as the case may be
- Debit or Credit Card Name
- Loyalty Card Number (SMAC, SMAC Start, SMAC Prestige), if applicable
- Address Book/Contact List in the customer’s device, if allowed by the customer in the app and device settings
The SM Markets Gifts service gives you the option to create a profile using your log-in credentials from third-party applications or accounts such as but not limited to Google, Facebook and Apple ID. In such cases, you authorize the owners of these third-party applications to share with us your personal data such as your name, profile photo used in the third-party application and email address. The sharing and processing of these personal data shall be subject to the terms of use & privacy policy of the respective applications, including SM Markets SM Markets Gifts service.
When shopping for a gift for another person, we will request you to provide the following personal data:
- Gift Recipient’s Name
- Gift Recipient’s Home or Delivery Address
- Gift Recipient’s Email
- Gift Recipient’s Mobile Number
The mobile app may also request access to your address book or contact list to enable you to automatically fill in the name and mobile number of the chosen gift recipients. Should the customer wish to remove permission of the mobile app to access the address book or contact list, the customer may do so in the device settings.
By providing the intended recipient’s personal data, you warrant that the Recipient is of legal age, has given his consent to share and disclose the above personal data to SM Markets for purposes of delivering the orders and/or fulfilling the transaction. The customer (disclosing party) shall protect, defend, indemnify and hold the SM Markets, employees, officers, directors and its service group harmless from and against all complaints, any loss, damage, injury or claim, resulting from or relating to or arising out from your failure to obtain the Recipient’s consent to such disclosure.
Customers may opt to pay for their purchase online through third-party payment service providers. When you opt to pay online (whether through credit/debit card or through third-party payment mobile applications), you will be redirected to a website/platform owned and/or controlled by a third-party payment gateway service provider which may collect from you, personal and financial data which they will use for their own purpose and in order for them to process your payment for the goods purchased. The payment gateway service provider shall handle your personal and financial data pursuant to its own terms, conditions and privacy policy. The payment gateway service provider may share certain masked data with us in order to confirm your payment:
- Name of issuing bank
- Name of cardholder
- First eight and last four digits of the credit or debit card used
- Amount involved
- Mobile number
Upon your instructions, we may store the masked data shared by the payment gateway service provider which will be used to process concerns such as request for refunds, among others.
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. 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;
You must ensure that the personal data that you provide is accurate and up-to-date. You may update your personal data at any time by accessing your account in the website or in the mobile application. SM Markets and its service group shall not be held liable for any loss, damage, injury or claim arising from your failure to keep your personal data accurate and updated.
C. HOW WILL WE USE YOUR PERSONAL DATA:
Your personal data may be used or processed for any or all of the following purposes:
- Providing you with products, services, promo, or activities that you have availed of;
- Delivery and instore pickup of goods purchased from us, including providing updates or status of your order;
- Performing data analytics and profiling for statistical, marketing, analytical, and research purposes;
- Communicating relevant products and services, advisories, and responses to your queries, requests, and complaints;
- Maintaining your accounts when you register in or use our digital platforms, including our mobile applications;
- Verify your identity or login credentials through various means;
- Customer or user support to address disputes, requests, concerns or issues;
- Improve our services and business to better serve your needs in the future, such as automatically filling in your registration data;
- Conducting market surveys, campaigns, promotions and other marketing activities;
- Complying with the requirements of the law and legal proceedings, if any;
- Preventing, detecting, and investigating a crime, as the case may be;
- Other legitimate business purposes;
D. DATA SHARING:
We may share or disclose your personal data to any of the following in line with the purposes provided in this Privacy Policy:
- Our service group which consists of our employees, authorized personnel and consultants, accredited third-party service providers such as but not limited to:
- IT system providers such as cloud storage providers
- technology partners such as data researchers and analytics
- payment gateway service provider
- financial institutions when you use credit or debit card
- payment service providers you chose when paying for your purchase
- logistics providers and courier services
- Administrators of loyalty or point earning/redemption programs, should you choose to utilize your membership card during your purchase/availment of the SM Markets Gifts Services;
- Such other party you authorize us to disclose your personal data to in line with the services you require from us.
Access to your personal data by the above-named persons or entities shall be for the purpose of facilitating and completing your transaction/s with SM Markets and in line with the purposes enumerated under Section C of the Privacy Policy. Any personal data shared with such third parties are covered by appropriate agreements between SM Markets and the third-party to ensure that all personal data are adequately safeguarded and unnecessary and unauthorized use, access or disclosure of your personal data is prevented.
Please note that in certain circumstances, we may also need to provide or disclose customer information to government authorities in order for us to comply with legal or regulatory requirements or, to obey court orders or, to aid criminal, civil or administrative investigations, among others.
E. CUSTOMER’S CONSENT:
Your consent to the collection, use, storage, retention or otherwise processing of your personal data was obtained at the time of entry of personal data in the website or mobile application or, upon submission of your concern or inquiry. By continued use of our services or, by your continued use of our website and mobile application, you reaffirm the consent you have provided and authorize us to process your personal data pursuant to the declarations contained in this Privacy Policy.
You can withdraw or modify the scope of consent provided to us by contacting our Data Protection Officer in the contact details below. Please note however that should you opt to withdraw, modify or limit the scope of consent provided, we may not be able to provide you with the services which you require.
F. COLLECTION OF COOKIES/COMPUTER DATA:
We utilize cookies in in the SM Markets Gifts website and mobile application. 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, SM Markets uses cookies to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved Services. SM Markets also uses cookies to help it compile aggregate data about site traffic and site interaction so that SM Markets 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. 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 and some of the features that make your site experience more efficient may not function properly.
G. DATA STORAGE AND PROTECTION:
We and our service providers have organizational, physical, technical and security measures in place to keep your personal and transactional data secured and protected from unauthorized access, collection, use, disclosure, or similar privacy risks. These security measures include the following:
- Limiting access to customer personal data to authorized personnel, employees and service providers of SM Markets and its affiliates. Processing of customer data shall only be performed in line with the purposes disclosed in this privacy policy;
- Personal and other information collected through your use of the website or other electronic methods are stored in a secure IT Infrastructure, while physical records of personal data, if any, are stored in a locked and secured place;
- Utilizing up-to-date technology products to prevent unauthorized computer access;
- Securely destroying customer personal information when it is no longer needed for any legal or business purpose
- Using industry standard encryption technology and regularly run vulnerability scans and other maintenance activities to ensure that customer information and the website are secured.
We process your personal data primarily within the Philippine Territory. However, we have third-party service providers whose databases are situated outside the Philippine Territory. We have entered into appropriate contracts with these service providers to ensure compliance with applicable cross border laws, rules and regulations on data privacy.
H. RETENTION PERIOD:
We will retain your personal data for as long as your account remains active and for as long as there is legal basis to continue processing your personal data. However, we reserve the right to hold on to your personal data for a period necessary to comply with legal or regulatory obligations, court orders or processes, resolution of disputes, prevention of fraud or abuse, enforcement our terms and conditions or, to meet our contractual obligations to third parties.
I. MINORS:
We shall not knowingly collect personal data of persons below the age of 18 years (“Minors”). Should it come to our attention that personal data of minors were provided to us without authority of their parents and/or legal guardians, such personal data or account shall be destroyed or deleted in a secured manner. Minors are advised not to provide any personal data to the website or mobile application. Please consult your parent/s or guardian/s before visiting SM Markets Gifts website or mobile application.
The customer also warrants and confirms that all information provided are true and correct and SM Markets, its employees, and service group may rely on your representations in processing the customer and gift recipient’s personal data in accordance with the purposes disclosed in this policy. The customer shall protect, defend, indemnify and hold SM Markets, employees, officers, directors and its service group harmless from and against all complaints, any loss, damage, injury or claim, resulting from or relating to or arising out from the customer’s misrepresentation on any of the above warranties.
J. YOUR RIGHTS AS A DATA SUBJECT:
As a data subject, you have the right to be informed, object, access, rectify, erase or block your personal data, including the right to damages, to data portability and to complain about the processing of your personal data. Should you wish to exercise any of your rights as data subject or, in case of inquiries/clarifications regarding the processing of your personal data, please reach out to our Data Protection Officer whose contact details are as follows:
Mall of Asia Complex, Zone 10 Brgy.76, 1300 Pasay City
You may also contact the DPO at the following email addresses:
| Trade Name | Company Name | E-mail Address |
|---|---|---|
| SM Supermarket | Supervalue, Inc. | dpo-svi@smsupermarket.com |
| Savemore Markets | Sanford Marketing Corporation | dpo-smco@smsavemore.com |
| SM Hypermarket | Super Shopping Market, Inc. | dpo-ssm@smhypermarket.com |
We urge you to submit your concern/request in writing for proper documentation and monitoring and to comply with the procedures laid down in prevailing government issuances and/or regulations. We may also request you to submit documents/proof to support your request/inquiry.
K. AMENDMENTS TO THIS PRIVACY POLICY:
SM Markets shall have the right to modify, update or amend the terms of this Policy at any time by placing the updated Policy on the SM Markets Gifts website and mobile application. You are encouraged to visit this site frequently to stay informed about how SM Markets uses your personal data in line with the SM Markets Gifts Service. Continued use of the website, applications and availment of our services shall be construed as consent to be covered by SM Markets’ Privacy Policy and Practices.
**Issued on October 6, 2022