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1. Privacy Statement

SM Prime Holdings, Inc., including its parent company, subsidiaries, affiliates, and related companies, (collectively, “SM Prime Group”) collects, processes and stores personal data about you when you avail of its 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 of the Services of SM Prime Group to inform him/her of how their personal data is collected, used and secured by the SM Prime Group.

Please read our privacy policy carefully to get a clear understanding of how SM Prime Group collects, 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”).

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2. Collection of Personal Data

SM Prime Group collects information you provide directly to it, such as when you attend or participate in any of its events, respond to a survey, register, create or modify your accounts in any of its websites and/or mobile applications, contact customer support, apply for a job with them, enter into any contract with them or otherwise communicate or interact with SM Prime Group (the “Event”).

3. Use and Processing of Personal Data

SM Prime Group may use and process the personal data collected about you to allow you to avail of the Services and/or to participate in the Event, other similar events to be provided by or held by the SM Prime Group, including the processing of your application, publication of your name should you win the same, and other discounts, promos, sales, advertisements, marketing activities and commercial communications of the SM Prime Group, including direct marketing. At all times, your personal data shall not be used or processed for any purpose that is contrary to law, morals, or public policy.

4. Sharing of Personal Data

SM Prime Group may share personal data between and among the entities comprising the same to enable them to provide you personalized Services. SM Prime Group may also share personal data with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on behalf of SM Prime Group. If and when necessary, a data sharing agreement shall cover any sharing of data between and among the SM Prime Group and/or its vendors, consultants, marketing partners, and other service providers. SM Prime Group may also share information in accordance with any order from any relevant government agency as provided by law.

5. Storage and Protection of Personal Data

SM Prime Group 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.

SM Prime Group’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. 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. SM Prime Group implements a variety of security measures when a user places an order, enters, submits, or accesses your 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, SM Prime Group believes that the foregoing safeguards are sufficient to prevent the occurrence of such unauthorized disclosure and is committed to updating and improving such safeguards in order to protect your personal data in compliance with the Data Privacy Act.

6. Use of Cookies

Please note that in visiting SM Prime Group’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, SM Prime Group 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 Prime Group also uses cookies to help it compile aggregate data about site traffic and site interaction so that SM Prime Group 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.

7. User Responsibility

While we employ all necessary precautions to safeguard your information, we cannot warrant 100% cyber security.  SM Prime group encourages you to use the latest version of web browsers. The most important reason to keep your browser up-to-date 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 SM Prime Group. The links to third-party websites are provided for your convenience and information only. SM Prime group 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.

8. Your Rights under the Data Privacy Act

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

a. 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;

b. 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 the SM Prime Group communicates with you or by notifying our Data Protection Officer;

c. You have the right to have reasonable access to your personal data by notifying our Data Protection Officer;

d. 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;

e. 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;

f. 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

g. 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.

9. Changes to the Privacy Policy

SM Prime Group may change this Privacy Policy from time to time. If SM Prime Group makes any significant change in the collection, use, and protection of personal data, SM Prime Group 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 SMPHI website for the latest information.

10. 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:10/F Mall of Asia Arena Annex Building, Coral Way corner J.W. Diokno Boulevard, Mall of Asia Complex, Pasay City, 1300 Philippines

Telephone Number:(02) 8 831-1000

E-mail Address: [email protected]

11. Consent

We will secure your consent prior to the collection and processing of your personal data, or as soon as practicable and reasonable in order to ensure continuation of the Services. Before you give your consent, you will be provided with an opportunity to read and review this Privacy Policy. If you are below eighteen (18) years old, SM Prime Group requires you to secure consent from your parents or legal guardians in order to use any of the Services. SM Prime Group does not specifically market to persons under eighteen (18) years old.

If you consent to the collection and processing of your personal data in accordance with the Privacy Policy, such consent shall be valid for the purpose for which they are collected or ten (10) years, whichever is shorter, or 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.