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”) 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, parent company, subsidiaries, affiliates, agents, partners and authorized service providers) will collect, use or otherwise process the Member’s personal data in accordance with the membership program. Card activation, registration of personal details, and use of SMAC shall be construed as acknowledgement that the Member has read and understood 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

  • Customer must be at least 18 years old to apply for SMAC Membership. Parental consent is required for customer whose age is between 12-17 years old (minor).
  • Membership may be acquired over-the-counter and online platform. Physical card is immediately issued to eligible customer after purchase. Corresponding Membership Virtual Account is generated upon successful registration of the Member in applicable digital platform/s of MCI.
  • Membership is valid for five (5) years from date of purchase. 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 if the membership is renewed within three (3) months from the card’s expiration date. Otherwise, all remaining points will be forfeited.
  • MCI and its Service Group will process your personal data in line with your membership in the SMAC Loyalty Program, including any renewals thereof. Your consent is also required in order for the Company to render you the related services we offer such as providing information on promotions of the Company, account/membership management, direct marketing, and analytics. At the time of submission of your membership application, we will request you to provide us with your consent to enable us to lawfully process your personal data. Continued use of the SMAC and participation in the Membership Program shall be construed as an affirmation of the consent provided by the Member. The scope of the consent, its use and purposes of processing are stated under Section VII of the Terms & Conditions. Your data will also be processed in accordance with the terms of our Data Privacy Policy which may be accessed and viewed at our official website www.smadvantage.com.
  • The Member is obligated to keep his/her personal data file up-to-date and correct any wrong information in name, 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 touchpoints.
  • MCI reserves the right to store personal data of its members where MCI consider it necessary or appropriate for the period allowed under the applicable laws and regulations.
  • MCI reserves the right, at its sole discretion and without prior notice, to cancel the Membership Card of any individual and all Awards and Privileges that go with said membership.
  • Membership will terminate automatically and all awards and privileges void upon the death of the Member.

 

II. 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 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 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 Program Partner as not eligible for earning SMAC Points.
  • In case of lost or damaged Membership Card, the Member must immediately report the said incident in writing or by calling the SMAC Assist Hotline. Membership Card reported as lost is automatically blocked in the system and card replacement processing is required for reactivation.
  • The Membership Card may be replaced by MCI following the guidelines stated in the digital application form or in any subsequent applicable rules or guidelines.
  • 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.
  • The Member may use his/her Virtual Account to continue enjoying the benefits of the SMAC program even if physical is not present or reported blocked in the system due to lost.

 

III. Earning and Redemption of SM Advantage Points

  • Guidelines, promotion offerings, and venues for earning SMAC Points are described in SMAC’s digital platforms or in any subsequent applicable rules or guidelines. 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.
  • Employees of MCI 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, process and redemption of the points and on the issuance and usage of said Awards or Privileges. Points redeemed 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.

 

IV. Changes to the SM Advantage Program 

  1. 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 SM Advantage Program including any changes thereof; however, MCI and its Service Group shall not be liable in any way for failure to do so.
  2. 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.
  3. 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.

 

V. Breach of Terms and Conditions 

  1. 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.
  2. 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.
  3. 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.

 

VI. General 

  1. These Terms and Conditions shall be governed by the laws of the Republic of the Philippines.
  2. 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.
  3. Failure of MCI to enforce a particular Term or Condition or Guideline does not constitute a waiver of that Term or Condition or Guideline.
  4. MCI is not the supplier of the products and services shown as Awards or Privileges and will not accept liability in relation thereto.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

 

VII. Data Privacy

  • MCI values its Members’ right to privacy and is committed to protect the personal data of its Members. The Company is committed to comply with Republic Act No. 10173 (Data Privacy Act of 2012) and its implementing rules and regulations, including the pertinent issuances of the National Privacy Commission. This section an overview of how MCI and its SMAC Service Group, as defined above, will collect, use, process and share the personal data you share with the Company in line with the SMAC Membership Program. Your personal data shall also be processed pursuant to our declarations in our Privacy Policy which may be accessed at https://www.smadvantage.com/privacy-policy. The parties agree to be bound by the provisions of this Article and our Privacy Policy.
  • CONSENT: “By submitting your application for membership to the SMAC/SM Advantage Loyalty Program or by creating an Member Account through any of our digital platforms or by your continued use of the SMAC, you signify that you have read, understood and agree to be bound by MCI’s Terms and Conditions & its Data Privacy Policy. Subject to applicable laws and regulations on data privacy and protection, you hereby give your full and absolute consent to MCI and its Service Group to collect, store, use, store, share  or otherwise process your personal data in accordance with the purposes & terms disclosed in the SMAC Loyalty Program Privacy Policy, such as but not limited to account management, direct marketing, data analytics, commercial or administrative announcements on system enhancements, updates, discounts, sales & marketing promotions and/or for the performance of such other services which its Member may request from MCI or SMAC. Finally, should you be chosen as future winners in any SMAC contests and/or promotional campaigns or automated electronic draws, you hereby give your consent that your name may be published in social media sites or in such media which SMAC may deem proper to comply with requirements of regulatory agencies.”
  • PURPOSES OF PROCESSING: The Member’s Personal Data may be processed for any of the following reasons necessarily related to its membership with SMAC Program:
    1. For administration of the SMAC loyalty program, including to register and maintain your account, to credit, award or redeem SMAC points;
    2. To verify your identity when you access your account;
    3. For direct marketing;
    4. For market research and analysis – to better understand your interests and preferences;
    5. To send you marketing promotions, offers, competitions and events by email, post, phone and SMS for SMAC services, (subject to your preferences);
    6. To administer any prize draws or competitions that you choose to enter.
    7. 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;
    8. To develop and test any changes or improvements to our Website or services;
    9. To send you service emails or communications required by law to update you about any changes to our policies or services or any information required by law to be disseminated.
  • Each member is obligated to keep his/her information or personal data file up-to-date and correct. Amendments, corrections or any other changes in the member’s personal data may be coursed through or requested through any of SMAC Touchpoints. Member understands that MCI shall not be liable for loss or damages which may arise from Member’s failure to keep his/her records updated and correct. MCI reserves the right to store personal data of its members where MCI in accordance with the period allowed by law or pertinent regulations.
  • The Member is aware of the rights of a Data Subject under the Data Privacy Act of 2012. Pursuant to said rights, the Data Subject may request access and correct the personal data provided by him /her to MCI. Although the Member has the right to object to the processing of his/her information, it is hereby understood that MCI 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: 

To: Data Protection Officer
Company: Marketing Convergence Inc.
Address: 4th Floor, One E-Com Center, Harbor Drive,
Mall of Asia Complex (MOA), Pasay City
Email: dpo@smadvantage.com
Contact number: 833-8888/944-3888 (for Metro Manila)
1-800-10-833-8888/1-800-8-944-3888 (for areas outside Metro Manila)
0917-833-2090 (Globe); 0998-533-8888 (Smart); 0923-833-8888 (Sun)

 

MCI reserves the right to amend or modify this Section as may be needed, to comply with the mandate of the Philippine Data Privacy Act of 2012 (R.A. 10173, hereinafter “DPA”) and other relevant laws, rules and regulations. All changes or modifications shall be posted at the https://www.smadvantage.com/privacy-policy for your guidance.