Terms and Conditions
The Terms and Conditions stated herein governs and provides for guidelines in the issuance, use, cancellation, and renewal of Marketing Convergence, Inc.’s (herein referred to as “MCI” or “SMAC”) SM Advantage Card (herein referred to as “SMAC” or “Membership Card”). The terms also define the rights and obligations of the Member (herein referred to as the “Member”) and how MCI & its Service Group (consisting of MCI’s officers, employees, affiliates, agents, partners and authorized service providers) will collect, use or otherwise process the Member’s personal data in accordance with the membership program. The card activation, registration of personal details, and use of SMAC by the Member shall be construed as acknowledgement that the Member has read and understood this SMAC Terms & Conditions and MCI’s Data Privacy Policies, and that the Member agrees to be bound by the same upon signing of the Membership Application Form, whether the same was filled-up manually or electronically.
I. SM Advantage Membership
- The Customer must be at least be eighteen (18) years of age to apply for SMAC Membership, Parental consent is required for customer between the ages of twelve (12) to seventeen (17). The Customer below the age of twelve (12) are prohibited from participating in the SMAC Membership.
- The Customer can become a SMAC member by buying a membership card at over-the-counter of any participating partner, or by signing-up and paying the membership fee online. The Member is issued with physical card and simultaneously, a corresponding Membership Virtual Account is generated upon successful registration of the Member in digital platforms of MCI
- Membership is valid for five (5) years from date of purchase of the SMAC Card. Membership must be renewed before expiration in order for members to continue enjoying the benefits of the SMAC program. All unused points will be carried over to the renewed card provided the membership renewal is made within three (3) months from the card’s expiration date. Otherwise, all remaining points will be forfeited.
- MCI requests the Member to provide personal data which shall be used to render services in line with the SMAC Membership Program such as but not limited to direct marketing, account/membership management, analytics of customer preferences, announcement on promotions, and corporate communication among others. Processing of the Member’s personal data shall be in accordance with Section VII of this Terms and Conditions and with MCI’s Data Privacy Policies posted at www.smadvantage.com.
- The Member is obligated to keep his/her personal data file up-to-date and correct any wrong information in name, contact number, address, among others. The Member understands and agrees that MCI shall not be held liable for any loss, damage, injury or claim arising from his/her failure to keep his/her personal data file updated or corrected.
- The Member agrees to receive verbal, written, or electronic communications from MCI and/or its Service Group. Request to unsubscribe from these communications maybe requested by the Member through SMAC Assist Hotline and digital platforms.
- MCI reserves the right to store Members’ personal data for a period of three (3) years after the Member’s account has expired and such period allowed under the applicable laws and regulations which MCI considers necessary or appropriate.
- MCI reserves the right, at its sole discretion and with prior notice, to cancel the Membership Card of any individual and all Awards and Privileges that go with said membership.
- Membership card will be automatically terminated and all awards and privileges void upon the death of the Member.
II. SM Prestige Membership
- SMAC Members who have spent 300,000 pesos at any participating partners within the past 24 months will be notified of their promotion to SMAC Prestige status. Member will be issued with SMAC Prestige Card that is valid for 1 year from month of promotion.
- Promoted Member may still continue to use his/her regular SMAC, but transactions from this card will not qualify to retain the member’s SMAC Prestige card status.
- Member may transfer the points from regular SMAC to the promoted SMAC Prestige card.
- SMAC Prestige members will retain the prestige status upon meeting the required spending of 120,000 pesos at participating partners within his/her SMAC Prestige card validity which is 12 months.
- Members who failed to reach the required spending to retain their SMAC Prestige status, will be notified of automatic downgrade to regular SMAC. Downgraded members may qualify to free regular SMAC renewal following the applicable rules or guidelines.
III. Use of the SM Advantage Card
- The SMAC Membership Card is and shall remain the property of MCI and must be returned on demand.
- The SMAC Membership Card is not transferable in any circumstance, and is valid for use only by the Member who must present it when conducting any transaction.
- The Member may not use this Card to earn points from transactions of other customers.
- The SMAC Membership Card may not be used, and SMAC points will not be issued, at the time of purchase and/or activity that is identified by MCI or Service Group as not eligible for earning SMAC Points.
- In case of lost or damaged of the SMAC Membership Card, the Member must immediately report the said incident in writing or by calling the SMAC Assist Hotline. Any SMAC Membership Card reported as lost shall be automatically blocked in the system and SMAC card replacement processing is required for reactivation.
- In case of SMAC Membership Card with defective chip, MCI may replace the card for free following the applicable rules or guidelines such as but not limited to checking of warranty period.
- MCI should not be held liable for a Member’s lost or redeemed SMAC Points whether or not the Member immediately reported the lost or damaged SMAC Membership Card.
- The Member may use his/her Virtual Account to continue enjoying the benefits of the SMAC program even if the physical SMAC Card is not presented or is reported blocked in the system due to lost or damage physical card.
IV. Earning and Redemption of SM Advantage Points
- Guidelines, promotion offerings, and venues for earning SMAC Points are published in SMAC’s digital platforms. MCI and its Service Group reserve the right at all times to make any changes to any such rules / offerings in its sole discretion.
- Members whose membership accounts are active and have not expired, may redeem their accrued SMAC Points in exchange for goods or services at authorized redemption merchants/partners of MCI. These Points cannot be exchanged for cash.
- MCI reserves the right to make adjustments on earned or accrued points as it sees fit including, but no limited to, deduction of points arising from returned goods or services purchased from its Service Group or from disputes.
- It is the responsibility of the Member to keep transaction receipts, which may be required in case of request for points verification by the Member.
- MCI’s employees and its Service Group are subject to their employer’s policy on the earning of SMAC Points from purchases from their respective employers.
- For the redemption of SMAC Points, those points reflected in MCI records shall be deemed correct and MCI has the exclusive right to determine the available amount of points to be awarded to or redeemed by the Member.
- Redeemed Awards or Privileges are not exchangeable for other Awards or Privileges, or refundable, replaceable, or be sold or transferred for cash or credit, under any circumstances.
- By redeeming points for Award or Privileges, the Member releases SMAC and its Service Group, as well as the directors and officers of MCI and such entities, from any and all liability to the Member regarding the use, processing, and redemption of the points and on the issuance and usage of said Awards or Privileges. Redeemed points may no longer be changed, revoked, or cancelled.
- MCI will bear no responsibility for resolving any disputes concerning any goods or services received by the member.
- Each individual Redemption Partner’s return and exchange policy will apply on redeemed awards.
- Information acquired during issuance and redemption of points may be used by MCI and its Service Group for administrative and for the purpose of conducting marketing and customer analytics.
V. Changes to the SM Advantage Program
- The Terms, Conditions, and Guidelines cannot be superseded or changed except by MCI. MCI shall use reasonable endeavors to provide Members with accurate and timely information regarding the SMAC Program including any changes thereof; however, MCI and its Service Group shall not be liable in any way for failure to do so.
- MCI is not liable for any Award or Privileges not being available or being withdrawn for any reason whatsoever by any of its Service Group.
- MCI reserves the right at all times, without notice and its sole discretion:
- To make any changes whatsoever to these Terms and Conditions including the rules and guidelines in the Member’s Application Form.
- To withdraw, cancel, withhold, substitute, deny access to or use of, or in any way change any of the Awards or Privileges previously advertised or offered, to any Member, at any time, without prior notice, and MCI will not be liable for any loss or damage suffered by the Member resulting from such withdrawal, cancellation, variation or change.
- To terminate or materially alter SMAC Program and/or revoke the membership of any Member and/or the right of any Member to use the Membership Card or to utilize any Awards or Privileges.
VI. Breach of Terms and Conditions
- It is a breach of these Terms and Conditions for any Member in the reasonable opinion of MCI to:
- Abuse any awards, privileges, facilities, services, or arrangements accorded to the Member as a result of Membership in SM Advantage;
- Or act in any fraudulent manner or in any way which is likely to be detrimental to the interest of MCI, or SMAC Program or its Service Group, supply or attempt to supply misleading information, or make any misrepresentation to MCI or its Service Group;
- Or act in any way which in MCI’s reasonable opinion breaches or is likely to breach these Terms and Condition. MCI’s decision as to what constitutes a breach shall be final and conclusive.
- Any breach of Terms and Conditions whether intentional or otherwise may result in termination of membership, forfeiture of issued SMAC Points, and cancellation of Awards or Privileges at the sole discretion of MCI. Eligibility for future or further participation in the SMAC Program shall likewise be affected.
- In the event of termination, all SMAC Points, Awards or Privileges that may have been earned or accrued by the Member will also be terminated, and these may not be sold, assigned or transferred or otherwise redeemed. MCI and its Service Group shall in no way be liable for any SMAC Points, Awards or Privileges of a terminated Member.
WHAT WE COLLECT
In the course of membership with the SMAC Loyalty Program, the Member will be asked to provide his Personal Data which shall be collected and processed by the Company and its Service Group pursuant to the terms stated hereunder. The personal data we may collect from you are as follows:
- At point of card activation:
- Mobile number
- At point of creating an account/card personalization:
- Full Name (First Name, Last Name, Middle Initial)
- Date of Birth
- Civil Status
- E-mail Address
- Home Address (Province, Municipality, Barangay)
- At point transaction as a member:
- Purchase details such as but not limited to items, amount, payment tender, transaction date, time, branch, among others.
- Voice recordings (conversations with customer service representatives).
- CCTV footages (available in SM Prestige Lounges exclusive to SM Prestige members).
- Questions, comments, concerns or complaints (either through voice recording, email conversation, survey, among others).
The Member is responsible in ensuring that the personal data he provides is accurate and up-to-date. MCI shall not be held liable for any loss, damage, injury or claim arising from the Member’s failure to keep his personal data file updated.
Amendments, corrections or any other changes in the Member’s personal data may be coursed through or requested through MCI’s digital platforms or by calling the SMAC Assist Hotline:
8-833-8888/7-944-3888 (for Metro Manila)
1-800-10-833-8888/1-800-8-944-3888 (for areas outside Metro Manila)
SMAC reserves the right to store personal data of its members where SMAC considers it necessary or appropriate for the period allowed under the applicable laws and regulations. The standard length of time that we keep and store your data is 3 years after your account has expired.
The Personal Data collected shall be used or processed pursuant to any or all of the following purposes:
- For administration of the SMAC loyalty program, including points crediting and availment, management and maintenance of Member’s account;
- To verify your identity;
- Direct marketing;
- Market research and analysis – to better understand your interests;
- Administrative or commercial announcements/information such as but not limited to discounts, sales and marketing promotions/activities, including such offers which may be beneficial to the Member, and;
- To render such services which may be requested by the Member such as but not limited to addressing inquiries and complaints, updating or deletion of records;
Member’s consent to the collection, use or otherwise processing of the Member’s personal information by MCI and its Service Group was obtained at the time of submission of application for membership and/or purchase of the SMAC membership kit. By using the issued SMAC Card and participation in SMAC loyalty program, the Member affirms his consent to the processing of his personal data. Below is a copy of the Member’s consent form:
“By clicking the [button name] below, you confirm that you have read & agreed to Marketing Convergence Inc.’s Data Privacy Policies. You also agree to be bound by the Terms & Conditions of SMAC Membership & all future amendments thereto.”
The Member understands that should he/she be chosen as a winner in SMAC’s contests and/or promotional campaigns or automated electronic draws, his or her name may be published in social media sites or in such media which MCI may deem proper.
Our service providers and contractors
In order to deliver certain services to you, we may need to share your personal data with some of our service partners. These include our technology partners, payment processors, logistics providers, courier services and marketing service providers. Our accredited service providers have confirmed that they apply appropriate data protection policies and security controls to keep your personal data safe and secured. We have also imposed contractual obligations on these service providers to ensure that they can only use your personal data to render the services agreed upon in relation to your SMAC Membership.
Other third parties
SMAC will not disclose your personal data to other third party, except as set out below:
- Our carefully selected business partners who will extend exclusive privileges in accordance to the SM Advantage Loyalty Program;
- Authorized third-party service providers such as but not limited to technology partners, payment processors, logistics providers, courier services;
- Business which acquires all or part of the SMAC business;
- Governmental bodies, regulators, law enforcement agencies, courts or tribunals, insurers when we are required to do so – to comply with a legal obligation, to exercise a legal right, to prevent or aid an investigation of a crime or to prosecute offenders and/or to protect our employees or customers.
THE RIGHTS OF DATA SUBJECT
The Member is aware of the rights of a Data Subject under the Data Privacy Act 2012. Pursuant to said rights, the Data Subject may request access and correct the personal data provided by him/her to MCI/SMAC. Although the Member has the right to object to the processing of his/her information, it is hereby understood that SMAC may continue to collect and process the Member’s personal data when the purpose of processing is mandated by law or regulations issued by competent authority or when it is necessary for the performance of or in relation to a contract.
Inquiries or questions relating to the rights of the data subject or on the processing of the Member’s personal data may be sent to:
The Data Protection Officer
Company: Marketing Convergence Inc.
Address: SM Corporate Offices, Bldg B , J.W. Diokno Blvd.,
Mall of Asia Complex Pasay City, Philippines 1300
Contact Number: 8-833-8888/7-944-3888 (for Metro Manila)
1-800-10-833-8888/1-800-8-944-3888 (for areas outside Metro Manila)
- These Terms and Conditions shall be governed by the laws of the Republic of the Philippines.
- All questions or disputes regarding eligibility for membership in SMAC or eligibility for accrual or redemption of Awards or Privileges will be resolved by MCI at its sole discretion.
- Failure of MCI to enforce a particular Term or Condition or Guideline does not constitute a waiver of that Term or Condition or Guideline.
- MCI is not the supplier of the products and services shown as Awards or Privileges and will not accept liability in relation thereto.
- The Member is solely responsible for the use of any Award or Privilege; whether the Awards or Privileges is used by the Member or by a third Party.
- The Member is personally liable for any and all costs, charges, claims or liabilities including duties, taxes and fees from third parties, government and non-government entities of whatever nature arising from the use of any Awards or Privileges, as provided by SMAC and the earning, redemption or use of any Award or Privileges.
- The Member hereby understands and agrees that the successful operation of SMAC is based on the cooperative interaction among MCI, the Members, and MCI’s Service Group. The Member also hereby understands and agrees that proper implementation of the Terms and Conditions between MCI and the Member is closely related and/or intertwined with the proper implementation of the Partner Agreement and/or Loyalty Marketing Agreement between MCI and each of its Service Group.
- MCI/SMAC, in its sole direction, may appoint any group from its Service Group to process data and undertake some part or all parts of the SMAC program on its behalf. In this situation, the reference to SMAC program in the Terms and Conditions shall automatically include such Service Group.
SMAC Terms and Conditions
Version 3 Published October 10, 2019