REQUIREMENTS CHECKLIST

(For email applications: [email protected])

Complete Form & Signed Subscriber Declaration Company ID (Front and Back)
Certificate of Employment / 1 Month Latest Payslip (if with date hired/employee status) Primary Government Issued ID

SERVICE APPLICATION FORM Da te Hire d:_ _ _ _ _ _ _ _ _ _ _ _ _ _

ENTERPRISE EXTENSION v.2 Employe e # :_ _ _ _ _ _ _ _ _ _ _ _ _

Fill in all the required inform ation. Do not leave an item blank. If item is not applicable, indicate "N/A"
Kindly write legibly and countersign any erasures.
*Required SUBSCRIBER INFORMATION
Mobile Min for Retention
NEW CONNECT RETENTION
SUBSCRIBER NAME: (Last Name/ First Name/ Middle Name)

BIRTHDATE: (MM/DD/YYYY)

RESIDENCE TEL. NUMBER: BUSINESS NUMBER:

MOBILE NUMBER:

ACTIVE EMAIL ADDRESS : (default e-SOA email address) *

COMPANY/BUSINESS NAME: Position Title:

Shade or Mark (x, ) Your Preferred Postpaid Kit Delivery Address: Office Residence - Please attach Proof of Billing

OFFICE ADDRESS (Building, Street, Baranggay, City/Prov ince/Zip code): *Required

RESIDENCE ADDRES S (Building,Street,Baranggay,City/Prov ince/Zip Code): *Required

PLAN DETAILS PLAN 500 PLAN 1000 PLAN 1500 PLAN 2000 PLAN 2500

Quantity
Handset Model

Color ANY ANY ANY ANY ANY

Monthly Amortization
Total MSF
One Time Cashout na na na na na
Contract Term (Mos) 24mos 24mos 24mos 24mos 24mos
Notes:
INCLUSIONS
Calls to Smart Unlimited Unlimited Unlimited Unlimited Unlimited
Calls to Sun Unlimited Unlimited Unlimited Unlimited Unlimited
Internet (Local) 2GB 6GB 10GB 40GB 70GB
Calls to All Mobile Networks (Mins) Unlimited Unlimited Unlimited Unlimited Unlimited
Calls to All Landline Unlimited Unlimited Unlimited Unlimited Unlimited
SMS to All Networks Unlimited Unlimited Unlimited Unlimited Unlimited
RATES (VAT inc.) NEAREST RELATIVE INFORMATION *
Voice SMS Name:
On- Net P5.00 On- Net P0.50 Relationship:
Off- Net P5.00 Off- Net P0.50 Address:
Landline P5.00 MMS
International On- Net P1.00
SMS P10 Off- Net P2.00
Voice ($ Rate) USD 0.40 Data Mobile Number:
KB P0.05/KB Landline No:
FO R S MART'S US E O NLY
EE Personnel/Admin Credit Officer Validations Officer
Name
Signature
Status/Remarks
*Required
I affirm that the above given info rmation and suppo rting documents are true and correct. I understand that I may be requested to submit requirements to facilitate the pro cessing o f this applicatio n. I signify agreement to the above
pro visio ns,
T E R M S A N D C ON D IT ION S and the e-SOA set forth, fo und in this application fo rm.

Subscriber's Signature ov er Printed Name / Date Signed

SMART ENTERPRISE TERMS AND CONDITIONS 22.0 TEMPORARY DISCONNECTION AND RESUMPTION OF SERVICE 24.13 In case of data breach, promptly notify the Subscriber within twenty-four (24) hours or earlier from the compliant with the internal business rules or Corporate Governance policies found to have been violated.
22.1 The Subscriber may request a temporary disconnection of the Service by giving not less than seven (7) days time of discovery, to enable said Subscriber to notify the National Privacy Commission and the affected The parties finally agree that any dispute, breach or violation of this provision shall be dealt with, remedied and/or
Subscriber shall ensure that all its designated prior written notice to SMART and by settling all amounts due to SMART. Such temporary disconnection data subject or subscriber within the period prescribed under the Data Privacy Act of 2012, when sensitive resolved in accordance with the appropriate provisions of this Agreement on dispute settlement.
shall not constitute a termination of the affected line or this Agreement if it does not exceed six (6) months. personal information that may, under the circumstances, be used to enable identity fraud are reasonably 33.0 MISCELLANEOUS
conditions of this Agreement and the Subscriber shall be responsible for the acts and omissions by any User. 22.2 If the temporary disconnection is for a period of more than six (6) months, SMART reserves the right to believed to have been acquired by an unauthorized person, and the Subscriber, SMART, or the National 33.1 This Agreement shall be governed and construed in accordance with the laws of the Philippines.
terminate the affected line or this Agreement without prejudice to the rights of SMART including the right to Privacy Commission believes that such unauthorized acquisition is likely to give rise to a real risk of serious 33.2 This Agreement together with SMART's records shall be final and conclusive evidence of any dispute
4.0 TERMS AND CONDITIONS recover all amounts due from the Subscriber hereunder including, but not limited to, the pre-termination fee, harm to any affected data subject or subscriber; between SMART and the Subscriber.
This Agreement relates only to the Service provided by SMART and shall be in full force and effect from and after the together with any expense and cost (including legal costs) incurred in recovering such amounts due and no 24.14 Promptly inform the Subscriber if, in its opinion, any instructions of the Subscriber violate, or may be
33.3 SMART reserves the right at its absolute discretion to modify, delete or add to any of the regulatory-
refund of any advance payment will be made to the Subscriber. construed to violate, any provision of the Data Privacy Act of 2012 or any other issuance of the National
actual date of approval by SMART of the application for the Service and shall continue until the end of the contract affecting terms of this Agreement by giving notice in writing to the Subscriber. All other terms may be
22.3 The Subscriber may request for reconnection after a temporary disconnection and the contract term shall be PrivacyCommission;
term as indicated in the Smart Enterprise Service Application Form (SAF), unless sooner terminated as provided modified with the written consent of the Subscriber.
extended for the same duration of the temporary disconnection period. SMART may charge the appropriate 24.15 Assist the Subscriber in ensuring compliance with the Data Privacy Act of 2012, its implementing rules and
herein. The Subscriber may continue by renewing the Service in writing after the said contract term by executing a 33.4 This Agreement constitutes the entire agreement between SMART and the Subscriber and supersedes all
reconnection fee, if any. regulations, other relevant laws, and other issuances of the National Privacy Commission, taking into
retention request via theSAF. account the nature of processing and the information available to SMART; previous agreements (if any) between the parties, and the Subscriber acknowledges that in agreeing to
23.0 FRAUDALENT AND UNAUTHORIZED USE
5.0 HARDWARE 24.16 At the choice of the Subscriber, delete, destroy, or return all personal data to the former after the end of the enter into this Agreement it has not relied on any representation warranty or other assurance (including
If the Subscriber or any other person, at the sole discretion of SMART, is found to use the Service including special
5.1 This refers to all terminal equipment/unit issued by SMART connected to or used in conjunction with the Service provision of services relating to the processing: Provided, that this includes deleting or destroying existing any that may have been made by any authorized agent or dealer of SMART) except those set out in this
usage offerings and promotions such as unlimited voice, unlimited SMS and unlimited internet services, for any
("Hardware"). SMART does not by this Agreement cover any representation or warranty for any copies unless storage is authorized by the Data Privacy Act of 2012 or another law; Agreement.
telecommunications and related equipment that are not issued by SMART. abusive or fraudulent purpose or illegal activities, or is found to use abusive and/or indecent language to other
subscribers or Company staff, or has submitted an application for Subscription through fraudulent means or has 24.17 Make available to the Subscriber all information necessary to demonstrate compliance with the obligations 33.5
5.2 Hardware issued by SMART (except iPhone units) shall be subject to a seven (7) day replacement warranty laid down in the Data Privacy Act of 2012, and allow for and contribute to audits, including inspections, extended to the Subscriber.
commencing on the date of delivery of the Hardware. This warranty covers inherent defects only. After the 7 - supplied any false/wrong information in connection with such application, SMART reserves the right to
conducted by the Subscriber or another auditor mandated by the latter; and 33.6 No waiver by SMART of any breach shall operate as a waiver of any other subsequent breach.
and conditions shall apply, and all warranty claims shall be made immediately disconnect the Service without prior notice and/or refuse to reconnect the Service. SMART also
24.18 Include all the foregoing in the privacy and security policy of SMART. 33.7 All notices under this Agreement shall be in writing and sent to the registered office of SMART or the
directly to the accredited service centers. reserves the right to file the appropriate legal action against the erring Subscriber or person concerned, and to
25.0 EXCLUSION FROM LIABILITY address of the Subscriber as stated in the Service Application Form or such other address which may be
5.3 Special terms and conditions apply to iPhone units. charge the appropriate pre-termination fee, if any.
SMART shall not be liable for any loss, costs, compensation, damage or liability to the Subscriber or any third party notified to SMART in writing from time to time.
6.0 PAYMENT TERMS
arising directly or indirectly out of or in connection with the provision or use of the Service including, without 33.8 Any complete or partial invalidity or unenforceability of any provision of this Agreement shall not affect
3.1 The Subscriber shall pay all amounts due to SMART in respect of: Users shall not engage in the follo
prejudice to the generality of the foregoing, any loss, costs, compensation, damage or liability to the Subs criber the validity or enforceability for any other purpose of the remaining provisions.
23.1 Resale or any commercial use of the Service, without the prior express written consent ofSMART;
or third parties caused by: 33.9 Interest on all amounts outstanding to SMART shall accrue at the rate of 2% per month.
23.2 Utilization of the Service in bypassing or in activity/is that tend to bypass the SMART network, billing and/or
6.1.1 A monthly fixed fee for the Services; traffic routing; 25.1 any delay, interruption, or termination of the Service, whether caused by administrative error, technical, 33.10 In case it will be necessary to use a lawyer or collection agency, the Subscriber shall pay 25% of the
6.1.2 All charges incurred in using the Service; and mechanical, electrical, or electronic fault or difficulty or any other reason or circumstances beyond amount due as the collection or attorney's fees, in addition to billing for the Service, penalty and
23.3 Use of the Service in prohibited services like callback, dial back, unauthorized audio text, international and
6.1.3 Hardware cost, if applicable. national simple resale (ISR/NISR), international revenue share fraud (IRSF), premium rate service (PRS) SMART's control (including, but not limited to, acts of God, strike, labor disputes, fire, disturbance, action surcharges.
The fees paid or payable by the Subscriber to SMART pursuant to this Agreement shall be inclusive of all Philippine fraud, internet fraud, hacking, SMS spamming, SMS flooding, SMS hoax, and other similar services; or of government, atmospheric conditions, lightning, interference or damage by third parties or any change in SMART ENTERPRISE M2M SOLUTIONS
legislation);
taxes. 23.4 Tampering, altering, modification, or unauthorized programming of the SIM Card or its digitalreference. These Smart Enterprise M2M Solutions Terms and Conditions shall supplement the Smart Enterprise Terms and
23.5 Use of SMART Subscriber Identity Module (SIM) cards with unauthorized types of devices apart from the 25.2 any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any information
The Value Added Tax (VAT), if any, shall be for the account of the Subscriber, provided that SMART submits its Conditions for all solutions and/or hosting services provided by the third-
intended hardware (i.e. smartphones or tablets) For example, SIM cards must not be inserted in portable hotspots transmitted to or from the Subscriber howsoever caused;
VAT registration certificate upon request for the Service and issues a duly registered VAT official receipt upon 25.3 any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any information
receipt of payment. In the event that the Subscriber will be required to withhold tax and remit the same to tax and fixed routers. Otherwise, the Company reserves the right to temporarily suspend or terminate its service telecommunications services.
without priornotice. transmitted to or from the Subscriber howsoever caused;
authorities, the Subscriber shall deduct the said tax from payments in relation to this Agreement. The Subscriber 25.4 theft or unauthorized use of the Hardware/SIM Card or any loss, costs, damages, or compensation incurred 7. Should the Subscriber avail of these Third Party Products/Services, the Subscriber agrees to be bound by, and
23.6 Activities that are considered unlawful by the laws of the Republic of thePhilippines; shall be responsible for causing all Users accessing the Third Party Products/Services to comply with, the End
shall furnish SMART with the corresponding certificate of withholding tax within twenty (20) days after the end of by or payable to any third party by the Subscriber;
23.7 User License Agreement/ End User Service Agreement/ Terms of Use and Privacy Policy of the Third Party
each quarter. such as malicious software (e.g., Trojan horses, worms, spyware, etc.), denial of service attacks, spam emails, 25.5 theft or unauthorized use of the Hardware/SIM Card or any loss, costs, damages, or compensation incurred
by or payable to any third party by the Subscriber; Product/Services Supplier as each may be amended from time to time. The Subscriber shall be
etc.; responsible for the acts and omissions by any User. Should the Subscriber fail to comply with Supplier Terms,
25.6 any inherent defect in the Hardware or any defect or damage to the Hardware resulting from use other than
23.8 Excessive contribution, where maximum allowable data usage within a billing cycle exceeds up to 60GB SMART shall immediately cause the termination of your access to the Third-PartyProducts/Services.
6.2 The Subscriber agrees and assumes full responsibility for the charges incurred on the use of the Hardware and -Bill Shock feature; in the normal and customary manner, subject to the warranties provided in sub-clause 2.2; or
25.7 transmission or non-transmission of any illegal, false, misleading, derogatory, libelous, obscene or vulgar 8. Deployment, provisioning, activation, and training will be based on a mutually agreed timeline and only upon
23.9 Use of high bandwidth applications and services like operation of servers, web broadcasting, and the like.
6.3 The Subscriber agrees that it shall be fully responsible for the settlement of Hardware cost, if any, subject of messages or information. (a) submission of documentary requirements of SMART; (b) app
Should the Subscriber engage in any of the abovementioned activities, the Company has the right to take
this Agreement. The Subscriber shall bind itself to be continuously responsible of the Hardware cost 26.0 DISCONNECTION OR TERMINATION OF THE SERVICE payment of corresponding advance Monthly Service Fee, unless otherwise specified in writing.
necessary actions including, but not limited to, the following:
regardless of assignments and movements of its User/s or transfer of use/ loss/ damage of the Hardware. The 26.1 SMART may temporarily suspend or terminate the Service without prior notice if: 9. The security of the Subscriber's pre-assigned Service Access and the confidentiality of its Personal Identification
23.10 SMART may implement network management practices to improve its service, to reduce network
proper care and maintenance of the Hardware shall be the Subscriber's sole responsibility. 26.1.1 The Subscriber fails to pay promptly any amount due and payable hereunder; Number (PIN) as well as the proper care and maintenance of the Hardware shall be the Subscriber's sole
congestion, and/or to adapt to technological advancements;
6.4 SMART may allow the Subscriber credit for using the Service up to a certain level and SMART may set, 26.1.2 The Subscriber commits a breach of any of the terms of this Agreement; or responsibility.
23.11 SMART may downgrade data speed in case of excessive usage at any point during a billing cycle;
revoke, or impose conditions on such credit limit at any time. The Subscriber may request for an increase or 23.12 SMART may obtain and monitor usage information through reasonable and legal methods; and/or 26.1.3 The Subscriber becomes bankrupt, fails to pay its debts as they fall due or any of its assets becomes 10. Risk of loss, theft or damage to any of the data provided by the Subscriber shall be for
23.13 SMART may temporarily disconnect, interrupt, or terminate the data services without prior notice subject to any form of winding up, administration, receivership, insolvency proceedings or it enters the account of the Subscriber, unless proven that the same was caused by the fault or negligence of the Supplier.
6.5 The Subscriber shall be liable for all outgoing calls, texts and other transactions, including those incurring The Subscriber shall likewise be liable to SMART for any and all compensation fee on account of any of the above into any arrangements with its creditor generally. SMART shall not be liable for any loss, theft or damage to the data provided by the Subscriber.
roaming charges from the line regardless of who may make such calls, texts and other transactions, including 26.2 Without prejudice to any of the sub-clause 11.1 SMART may discontinue or terminate the Service at any 11. The Subscriber shall be responsible for the use of the Service and shall not use the Service
Unauthorized Activities and unauthorized commercial use of the Service. The compensation fee is payable, without
those incurring roaming charges. Nonpayment of these charges or refusal on the part of the Subscriber to pay nor allow the Service to be used to transmit, distribute or store contents or messages (including e-mail messages)
any limitation from the time the Unauthorized Activity occurred until the actual cessation thereof. A penalty
charges arising from these calls, texts and other transactions, including those incurring roaming charges shall 26.3 Any discontinuation or termination shall be without prejudice to the rights of SMART including the right which are inappropriate (including, but not limited to, obscene (including child pornography), defamatory,
be sufficient ground for SMART to discontinue the Service. equivalent to one hundred fifty percent (150%) of the computed revenue losses shall likewise be charged against the
to recover all amounts due from the Subscriber hereunder including, but not limited to, the pre- libelous, threatening, abusive, hateful, or excessively violent, harmful (including, but not limited to, viruses, worms,
6.6 Plan offers may have a built- ertain amount Subscriber if proven accountable for such Unauthorized Activity. For this purpose, SMART shall have the right to full
password-cracking programs or Trojan horses), and/or fraudulent or misleading (including, but not limited to,
access to the relevant books and all other records of the Subscriber in order to ascertain the volume of traffic and termination fee, if applicable, together with any expense and cost (including legal costs) incurred in
determined by SMART covering the standard data charges in addition to or on-top of the monthly service fee false, deceptive, or misleading statements, claims, or representations), as reasonably determined by SMART in
- total amount of compensation fee payable. In the absence of said record, SMART shall have sole discretion in the recovering such amounts due. No refund of any advanced payment will be made to the Subscriber
accordance with generally accepted standards of the Internet community, nor to transmit or distribute unsolicited e-
standard data rating scheme as indicated in the SAF, up to the Anti-Bill Shock (ABS), if applicable. determination of the bypass compensation. In addition to the Unauthorized Activities referred to above, the 26.4 The Subscriber may terminate this Agreement at any time by giving SMART not less than thirty (30) days
mail messages where such e-mail messages could reasonably be expected to provoke complaints (spam).
Nonpayment of these charges or refusal on the part of the Subscriber to pay charges shall be sufficient ground Subscriber undertakes not to use the Service for any activity that is contrary to morals and public policy or which written notice of such termination, which shall become effective only upon settlement of all amounts due
12. The Subscriber shall be responsible to take all reasonable measure to avoid any
for SMART to discontinue the Service. viol hereunder. Should the Subscriber pre-terminate this Agreement within the minimum contract term unauthorized or fraudulent use of the Service and shall immediately notify SMART of the same. The Subscriber
6.7 The Subscriber agrees to pay The Subscriber agrees to indemnify and hold SMART free and harmless from any liability, suit, or damage arising from provided in the SAF, the Subscriber shall pay the pre-termination fee indicated in the applicable form. shall be liable for all transactions from the use of the Service regardless of who may make such transactions or even
on the bill. SMART may determine the billing period. Billing statement for the Service shall be rendered at ties and/or Illegal Activities. The Subscriber further authorizes 26.5 I understand that Smart has the right to recover any amounts provided, such as, but not limited to: if such charges were incurred through or as a result of such fraudulent or unauthorized use of the Service. Non-
regular intervals at the end of applicable billing cycles. Contested bills, if any, should be brought to the SMART to supply any and all information requested by any law enforcement or government agency/is, or other 26.5.1 Any subsidy provided by Smart to the Subscriber; payment of bills or refusal on the part of the Subscriber to pay bills arising from these transactions shall be sufficient
attention of SMART in writing within thirty (30) days from the receipt of the bill, otherwise the Subscriber private entities, the latter within the limits provided or by law, relative to the 26.5.2 The value of the service unit; and ground for SMART to discontinue the Service.
shall be deemed to have accepted the correctness or accuracy of the bill. Any disputed amount resolved in In which case, the Subscriber hereby irrevocably and unconditionally waives any and all its relevant remedies under 26.5.3 The value of any additional concessions given by Smart (i.e. free use of Smart products and services). The Third-Party Products/Services are supplied on an "as is" basis without any express or implied warranties except
the law, including but not limited to the right to claim damages. 27.0 INDEMINITY for those provided in the Supplier Terms. The Subscriber waives any andall claims for service fees, compensations or other
payable to SMART shall be due within fifteen (15) days from notice of resolution of the dispute. 24.0 DATA PRIVACY The Subscriber shall indemnify SMART against all liabilities, losses, damages, costs, charges, expenses (including benefits as well as claims for liabilities, attorney's fees suits, costs and for any special, indirect, incidental or
6.8 Notwithstanding the non-receipt of any bill, it shall be the Subscriber's responsibility to inform itself of the legal costs) incurred by or brought against SMART arising directly or indirectly out of or in connection with any consequential damages OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES, RESULTING FROM THE
SMART shall, at all
outstanding fees or charges through the designated enterprise touchpoints of SMART and effect payment, breach of the Subscriber's obligations hereunder.
its implementing rules and regulations, and all other laws and government issuances which are now or will be USE OF OR THE INABILITY TO USE THE SERVICE, THE PERFORMANCE OF THE SERVICE, OR DAMAGES FOR LOSS OF
without need of further demand on or before the Due Date. 28.0 DISCLAIMER OF WARRANTY
promulgated relating to data privacy and the protection of personal information. SMART, its officers, employees, GOODWILL, BUSINESS PROFIT, BUSINESS OPPORTUNITIES, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS
6.9 The Subscriber shall be charged SMART's applicable roaming rate and the roaming service activation fee, if
The Subscriber acknowledges that it has not relied on any warranty, express or implied with regards to the Service INFORMATION, COMPUTER DAMAGES, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES
any, in the event that the Subscriber avails of SMART's International Roaming Service. The International
24.1 Process personal data only upon the documented instructions of the Subscriber, including transfers of personal provided hereunder. MADE TO CLIENTS TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, against
Roaming Service is active, by default, unless the Subscriber requests otherwise. In case of the latter, the
Subscriber shall be responsible for notifying SMART within forty-eight (48) hours before leaving the data to another country or an international organization, unless such transfer is authorized by law; 29.0 VENUE SMART or its officers, directors and employees or any of its affiliates, subsidiaries, suppliers or parent corporation(s)
Philippines. SMART shall not be liable for the failure of roaming partner to provide services in the roaming 24.2 Implement measures and systems such as clear written guidelines and training modules for its employees, agents, The venue of all suits from this Agreement and of other suits directly or i ndirectly arising from the relationship resulting from or arising out of the use (or inability to use) and access of the SERVICE.
area. and representatives, that will enable data subjects to exercise any and all of their rights under the Data Privacy between SMART and the Subscriber shall be exclusively in the proper courts in Makati City. The Subscriber hereby
6.10 The Subscriber agrees that all payments shall be applied first to bills in arrears, including interest and Act of 2012; expressly waives claims to any other venue.
penalties. The balance, if any, will be applied to the current obligation. 24.3 Implement such measures and systems that will allow data subjects to exercise their right to object or withhold 30.0 COMPLAINTS
6.11 The Subscriber agrees not to transfer this Agreement or any right or interest originating therefrom, to any consent to further processing as provided under the Data Privacy Act of 2012; Complaints against SMART or its agents should be brought to the attention of the designated enterprise touch
24.4 Implement such measures and systems that will allow data subjects to exercise their right to access under the Smart Enterprise Postpaid T&C Control #P001
person or entity without prior written approval from SMART. Pending approval of such transfer, the points of SMART.
Subscriber shall remain liable for any all accrued fees and charges. Data Privacy Act of 2012; 31.0 OTHER CONDITIONS As of June 22, 2020
6.12 The Subscriber agrees that all cheques and other payments shall be made payable directly to 24.5 Maintain proper records, and provide the Subscriber access to such records, as will allow said Subscriber to 31.1 TRANSFER OF OWNERSHIP / MIGRATION / DOWNGRADE
SMART/authorized collection partners and any cheque payment made out, or any payment in cash made comply with the exercise by data subjects of their right to access under the Data Privacy Act of 2012;
31.1.1 The Subscriber agrees that any transfer of ownership or migration or plan downgrade or
directly, to any representative or salesman shall be invalid. 24.6 Ensure that data subjects will be able to exercise their right to rectification, modification, or blocking of data
cancellation/termination/disconnection of the Service can only be made without charges after
19.0 ADVANCE PAYMENT AND CHARGES under the Data Privacy Act of 2012;
expiration of the lock-in period from activation date of the corporate lines and Service and shall be
19.1 SMART may require an advance payment as a pre-requisite for providing the Service. The advance payment 24.7 Determine the appropriate level of security measures, subject to, and in conjunction with, that of the
Subscriber, taking into account the nature of the personal information to be protected, the risks represented specified in the applicable Smart
by the processing, the size of the organization and complexity of its operations, current data privacy best Enterprise Service Application Form or Smart Enterprise Retention Form and/or other related
case the pre-payment is not sufficient to cover the final bill, SMART shall charge the Subscriber any subscription contracts shall apply, if any.
practices, and cost of securityimplementation;
deficiency. The balance of the advance payment, if any, shall be applied to other lines registered under the 31.1.2 The Subscriber further agrees to submit the required transfer documents and to fully settle the
24.8 Implement security measures for data protection (i.e., generally, the physical, organization, and technical security
measures prescribed by the Data Privacy Act and its implementing rules and regulations), including policies outstanding balance before any changes (e.g. transfer of ownership or migration, plan downgrade or
request for refund within ninety (90) days from termination of the Service and the balance of the advance for evaluation, monitoring, and review of operations and security risks. These measures may include clear cancellation / termination / disconnection of the Service can be made. Any transfer of ownership or
payment shall be refunded to the Subscriber, without interest, within ninety (90) days from approval of the written guidelines, training modules for its employees, agents, and representatives, and audit measures in migration to individual account without submission of the required transfer documents will still make
refund. relation to the (1) collection, processing, maintenance, and deletion/disposal of personal data and records; and the Subscriber liable for all charges including, but not limited to, airtime charges.
19.2 The Subscriber shall be charged a nominal fee for the processing of any Service modification requests (2) the sharing of these information, especially on the specific persons to whom the information may be given 31.2 For SIM only Subscriptions (if applicable)
including, but not limited to, plan downgrade, change in mobile identification number (MIN) or Subscriber access. Such measures shall aim to maintain the availability, integrity, and confidentiality of personal data, 31.2.1 This Agreement wholly applies for Corporate SIM-only Subscriptions. The Subscriber shall be fully
Identity Module (SIM) Card, Service reconnection, redelivery of Hardware/SIM. and prevent negligent, unlawful, or fraudulent processing, access, and other interference, use, disclosure, responsible for the charges and possible legal circumstances in the event of Fraudulent and
20.0 LOSS OR DAMAGE OF SIMCARD alteration, loss, and destruction of personal data; Unauthorized Use of the SIM by Users.
20.1 The security of the SIM Card and the confidentiality of the Personal Identification Number (PIN) as well as 24.9 Implement reasonable and appropriate organizational, physical, and technical measures intended for the 32.0 CORPORATE GOVERNANCE
the proper care and maintenance of the SIM Card shall be the Subscriber's soleresponsibility. protection of personal information against any accidental or unlawful destruction, alteration, and disclosure, as
The parties warrant and represent that their business activities are regulated by their own internal business rules
20.2 SMART, upon notification of lost SIM Card by Subscriber, shall immediately effect barring of outgoing calls well as against any other unlawful processing, or for such other purposes as may be required under the Data
or Corporate Governance policies which are compliant with each of their applicable laws.
/ SMS/ data usage. All charges and fees accruing prior to the barring shall Privacy Act of 2012 or any other applicable law or regulation;
As a condition precedent to the execution of this Agreement, the parties agree to exchange their relevant
20.3 remain for the account of the Subscriber. The Subscriber should immediately request for a replacement SIM 24.10 Implement reasonable and appropriate measures to protect personal information against natural dangers
Card subject to fee, if any. such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, Corporate Governance policies for review to ensure that entering into this Agreement will not conflict with, violate
21.0 SERVICE REDIRECTION unlawful destruction, alteration, and contamination; or contravene any of these policies.
In case of (a) non-payment of the overdue account; or (b) exceeding the credit limit; or (c) such other cases as 24.11 Ensure that its employees, agents, and representatives who are involved in the processing of personal To the extent applicable to the implementation of this Agreement, the parties will comply with their respective
may be determined by SMART, SMART reserves the right, without incurring any liability and at the Subscriber's information operate and hold personal information under strict confidentiality. This obligation shall internal business rules or Corporate Governance policies. In this connection, the parties shall [a] advise or inform
expense, to redirect the Service partially or in full. Upon full compliance with the requirements of SMART, the continue even after their transfer to another position or upon termination of their employment or contractual
Service may be restored partially or in full. Failure of the Subscriber to comply with SMART's requirements will relations; policies in relation to this Agreement; [b] address or resolve such violation in accordance with their own internal
give SMART the option to terminate the Service permanently, subject to RA 7925 and its implementing rules, and 24.12 Not to engage another processor without prior instruction from the Subscriber: Provided, that any such business rules or Corporate Governance policies; and, [c] inform the other party of the action taken thereon. In
arrangement shall ensure that the same obligations for data protection under this document are implemented, the event that this Agreement is later found to be violative of the internal business rules or Corporate Governance
to charge the appropriate pre-termination fee, if any.
taking into account the nature of the processing; policies of either party, the parties shall negotiate in good faith to amend and revise this Agreement to make it
 process data to determine my usage profile by maintaining I have read and understood the Terms and Conditions and Privacy Policy found on
SUBSCRIBER DECLARATION 4. I acknowledge that there are some instances where Smart may be a record of the products and services that I avail, and by /smart.com.ph. I shall strictly comply and abide by the terms
required to disclose my personal data as part of its regular business analyzing other activities such as when I participate in
(standalone subscriptions) operations and to provide its products and services. I understand market research initiatives, when I visit and transact to these same terms.
that my personal data may be disclosed to: in Smart stores, and when I visit and use Smart websites
and mobile apps as listed in
My signature below signifies that: -party contractors and professional advisers who https://smart.com.ph/Corporate/privacy#apps. I
help Smart deliver its products and services. This includes partner companies, understand that Smart does so in order to gain a better
All information that I have stated in this application, including all supporting organizations, or agencies, and their sub- insight of the kinds of offers that would be relevant to my
documents that I have submitted, are true and correct. I have voluntarily provided for bill delivery and customer contact centers that provide pre- and post-sales preferences.
this information and supporting documents to Smart1 for the processing and hotline operations;
evaluation of my application for service subscription; whom I have also signed- d. For Smart to manage the security of its business operations.
and up with. I understand that this is done only for the improvement of their business I understand that Smart may process my personal data to name:
and operations. For example: Smart may share information related to my use of its conduct IT security operations, to manage its assets, to
I acknowledge that Smart will collect, use, and share my personal data as follows: products and services with its subsidiaries and affiliates so that they can create new ensure my fair use of its products and services, and for _______________________________
offers that bundle their products and services into a single subscription for my business continuity, disaster recovery, and audit purposes.
1 I acknowledge that Smart will require the validation of my identity benefit;
and my credit history in order to evaluate my application for service c. Other companies to whom I may have also given consent my 7.
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subscription. I therefore authorize the following: consent for Smart to share my information with. For example, when I sign-up for products and services so that Smart may be able to create and offer
products and services offered by other companies, they may request for better products and services for me, including through direct Date signed (MM/DD/YY):
a. Smart to obtain relevant information about myself and my information from Smart in order for them to validate my identity; and marketing. I understand that Smart carries out the following
credit information from my declared employer or business, d. Law enforcement and government agencies, but only when processing activities based on my consent. ______/______/________
and from the banks, credit card companies, and other required by laws and regulations and other lawful orders and processes. I
financial institutions and service providers with whom I acknowledge that a complete list of these third-parties may be accessed by myself a. To send me offers, recommendations and promotions. I consent
have existing accounts with, as evidenced by the supporting through https://smart.com.ph/Corporate/privacy#affiliates. e profile to send me customized offers and
documents I have submitted together with my application; promotions through my contact details using channels such as SMS, voice calls, and
and 5. I acknowledge that Smart processes and discloses my personal data e-mail. This includes location-based offers that are exclusively available in areas that
. to the Government, in cases when Smart is required to do so for I may frequent.
b. For Smart, and third-party business partners authorized by purposes such as:
Smart, to compute my credit score using my credit a. To assist public authorities. I understand b. To elaborate my usage
information and other relevant information that have been that Smart may generate statistical insights personal information about me from third-party sources such as its subsidiaries,
obtained about me. I acknowledge that my credit score based on my usage of its network and affiliates, and business partners, to whom I have also given my consent for them to
shall be used solely to evaluate my application for facilities to assist public authorities in share my information. I acknowledge that Smart creates this enhanced usage profile
service subscription with Smart, and that I may access a planning for healthcare, disaster about me solely to get a deeper understanding of my preferences so that I may
complete list of the third-party business partners of Smart management, and other similar initiatives; receive even better targeted product recommendations, special offers, and
who compute for my credit score through and promotions. I acknowledge that I can choose to object to and withdraw my consent
https://smart.com.ph/Corporate/privacy#affiliates. from any of these processes at any time through https://smart.com.ph/privacy.
b. To comply with legal requirements. I understand that Smart runs
credit scoring programs and initiatives, including but not limited to, providing 8. I acknowledge that Smart will keep all information pertaining to my
2. I acknowledge that Smart may temporarily park my service information to the Credit Information Corporation in accordance to Republic Act No. account, including all personal data about myself, for as long as I
application in cases where: 9501 and the Credit Information System Act. Smart may also perform other required oducts and services, and for a maximum
personal data processing or disclosure to meet other relevant legal and regulatory of twelve (12) years from my service's permanent deactivation. In
a. My preferred service is currently unavailable. I understand requirements. the event that my application is not approved by Smart, I
that I may choose to wait up to a maximum of 30 days for acknowledge that any information and documents I have provided
my preferred service to become available. If, after the 6. I acknowledge that Smart shall process my personal data based on shall be returned to me.
prescribed 30 days, my preferred service is still unavailable, its legitimate interest to function effectively as a business, and that
my service application shall automatically be cancelled, this is only done when said legitimate interests do not override my 9. I acknowledge that I am afforded certain rights in relation to my
unless I update my application and avail a different service personal interests and fundamental rights or freedoms. personal data under the Data Privacy Act of 2012 (Republic Act No.
type; 10173), and that I am entitled (in the circumstances and under the
a. conditions, and subject to the exceptions, set out in applicable law)
b. requires additional supporting documents to be submitted. I operations. For example, when Smart analyzes my usage of to:
understand that my service application shall not be processed until these supporting its network and facilities to help them manage my account,
documents are submitted by me. If I am unable to submit these additional provide customer care activities, investigate and resolve a. Request access to the personal data that Smart processes about
documents within 30 days, my service application shall automatically be cancelled; service-related requests and concerns that I may have, me.
and monitor the quality and security of its network, train its b. Request a rectification of my personal data.
staff, and plan for future growth. I acknowledge that Smart c. Request the erasure of my personal data.
c. I have unpaid balances due to Smart. I understand that my may also process my personal contact details and publish d. Request the restriction of the processing of my personal data.
service application shall not be processed until I have them in an internal directory listing, in order to effectively e. Request portability of my personal data.
settled all unpaid balances. If I am unable to settle payment communicate with me and provide me with necessary
for these unpaid balances within 30 days, my service assistance. When the processing of my personal data is based on my consent, I
application shall automatically be cancelled. acknowledge that I have the right to withdraw such consent at any time by
I acknowledge that Smart may contact me for updates or reminders b.
within the 30 days that my service application is temporarily parked. services. I acknowledge that Smart may collect, use, https://smart.com.ph/privacy. I understand that this will not affect the lawfulness of
I also acknowledge that Smart may use my parked service process, and analyze my use of its products and services so
application for further analysis within the same 30-day period, that it can understand how to improve them for my benefit. to continue parts of the processing based on legal bases other than my consent. If
solely for Smart to plan for future growth and increase its areas of Smart is unable to provide me with another legal basis justifying the processing of
serviceability. usage, such as the volume and frequency of my use of its my personal data, Smart will stop the processing and delete my personal data. I
SMS, voice, and data services, and my historical locational acknowledge that I may learn more about my privacy rights by visiting
3. I acknowledge that Smart shall send me my Statement of Account information which it determines based on an analysis of the https://smart.com.ph/corporate/privacy.
fter the Statement Date via places where I may have used our products and services. I If I believe that my data privacy rights have been violated, I may get in touch with
electronic mail, through the email address I specified in my understand that this is done in order to generate insights on
application. I agree to hold Smart free and harmless from any foot traffic, crowd density, and mobility patterns. instances, I understand that Smart may request for supporting documents or proof
liability for my failure to receive the SOA despite it being sent to my before it effects any requested changes to my personal data.
email address. I understand that I will no longer receive a printed Smart Data Privacy Office 6799 Ayala Ave., Makati City, 1226, Philippines
copy of my SOA, unless I have stated otherwise by indicating my c. For Smart to understand my needs and preferences so that Email: [email protected]
preference for SOA delivery in my application. it can serve me better. I acknowledge that Smart shall