Terms and Conditions for M Card Member

(15 Mar 2021)

Please thoroughly read the terms and conditions contained in this application, so that the Applicant / M Card Member fully understands the rights and obligations regarding M Card Member application / M Card membership / M Card Service Registration and Privacy Policy. The Applicant / M Card Member can learn more about (a) M Card Service terms and conditions, (b) M Point / M Card benefits and (c) Reward / M-Coupon redemption conditions at https://www.mcardmall.com/en/terms and https://www.mcardmall.com/en/privacy-policies

When the Applicant / M Card Member registers for the use of service or exercise any M Card membership rights, or use any services through M Card Platform, it is deemed that the Applicant / M Card Member agrees to comply with these terms and conditions.

These terms and conditions are prepared in both Thai and English. If there are discrepancies between the English and Thai versions, the Thai version shall prevail.

  1. Part 1 – General Provision

    I would like to apply for M Card Membership of The Mall Group Company Limited (“Company”) in order to obtain membership number and M Card (“Applicant”), where I acknowledge, agree and consent to the relevant terms and conditions as follows;

    1. I request the Company to issue an M Card in the form of a plastic card, an electronic virtual card, or other technologies (“M Card”), including issuing a new M Card to replace a lost or damaged M Card for me.
    2. I warrant and confirm that all information which is provided in M Card Member application, regardless of form or channel, is my true, correct and complete information, which my private mobile phone number or e-mail is still active at the time of submission of M Card application.
    3. I agree and accept that the Company will collect, use, disclose and/or transfer Personal Data to overseas in accordance with Privacy Policy as elaborated in Part 3 hereof.
    4. I agree and accept that all Personal Data which is provided in M Card Member application or M Card Service Registration is true, accurate and complete, where I am responsible for notifying the Company immediately upon any change of the information, so that the Company can correctly update such information on the membership database.
    5. I agree that the duplicate, photograph, fax or copy which is made from M Card Member application whether it is recorded or collected in any form is the evidence of applying for M Card Membership including the agreement and acceptance of the relevant terms and conditions.
    6. I agree and accept that an approval or cancellation of M Card membership or cancellation of M Card or suspension or termination of M Card Service whether in whole or in part, temporary or permanent, or change of benefit conditions shall be at the Company’s sole and absolute discretion without having to notify or clarify me in advance. In such cases, all M Point and other points (if any) will be automatically canceled with no compensation to M Card Member in any cases.
    7. I agree and accept that the Company has the authority to examine, investigate, suppress any argument or dispute relating to M Card. It is agreed that judgement made by the Company is absolute and final.
    8. In case the Company offers any additional benefits for new M Card Applicant, for this purpose, new M Card Applicant means a person who submits an application for the first time and has never been an M Card Member or a person who cancels M Card or M Card is canceled by the Company for more than 6 months, but excluding an issuance of new M Card in a replacement of the lost or damaged one.
    9. I agree and accept the terms and conditions of M Card membership which are effective at the time of submission of M Card Member application in all channels, and including any changes of such terms and conditions in the future without prior notice to me.
  2. Part 2 – M Card Member Application / M Card Service Registration
    1. M Card Application
      • The Applicant requests the Company to issue M Card in the form as determined by the Company, including issuing new M Card to replace the lost or damaged one.
      • The M Card membership will be completed only when the Company has approved M Card Member application and membership number is given to the Applicant.
      • The Applicant warrants that he/she has attained 12 (twelve) years of age on the date of submitting M Card Member application, and not being incompetent or quasi-incompetent.
    2. M Card Service Registration and Termination
      • When the Applicant is approved as M Card Member (“ M Card Member”), M Card Member can use M Card Service such as M Card Application / M Line Connect / M Card Shop / M Card Website (mcardmall.com) or other websites as prescribed by the Company, online gamification, online social account, online platform or other online services which are exclusively arranged for M Card or                 M Card Member at present or in the future.
      • M Card Member can register for the use of M Card Service by filling out information as specified by the Company, and shall comply with relevant terms and conditions in all respects.
      • M Card Member can use the services on M Card Service to check benefits or points, redeem rewards or M-Coupon, or use some exclusive services for M Card Member as prescribed by the Company.
      • M Card Member warrants that all information which is provided to the Company on M Card Service is true, accurate and complete, which the private mobile phone number or e-mail is still active when such information is submitted.
      • The registration for the use of M Card Service must be processed by ID card number or passport number and a private mobile phone number or e-mail which are still active and valid at the time of the registration, so that the Company can send One-Time-Password (“OTP”) verification to M Card Member. M Card Member is required to set up PIN by a verification process with OTP, and M Card Member is required to keep PIN or OTP confidential, and will not perform any actions which may cause other persons to know the PIN or OTP. In case M Card Member registers by using ID card number or passport number, and a private mobile phone number or e-mail of any other person, the Company can suspend the services without prior notice.
      • M Card Member agrees and accepts that the Company has the rights to reject the registration or cancel the account of M Card Member, or cancel the use of M Card Service at the Company’s sole and absolute discretion without prior notice. In such cases, all received or collected points of M Card Member will be automatically canceled, with no compensation to M Card Member in any cases.
  3. Part 3 – Privacy Policy

    As one of the leading retail operators in Thailand, the Company and its affiliates (collectively hereinafter in Part 3 referred to as “The Mall Group”) adheres to conducting business in an ethical manner and in compliance with the laws. The Mall Group is aware of an importance of protection of Personal Data of customer (“You”). Therefore, The Mall Group hereby announces the Privacy Policy to inform you as the data subject to acknowledge purposes and details for collecting, using, disclosing and transferring personal data to overseas, including high standard and strict procedures to ensure security of your personal data from unauthorized access, use, modification or disclosure, and to assure that such processes shall uphold your rights under Personal Data Protection Act B.E. 2562 (“Personal Data Protection Law”).

    According to this Privacy Policy, “Personal Data” means any information pertaining to a natural person, which enables the identification of such person, whether directly or indirectly (excluding data of a deceased person in particular).

    The Mall Group may review and amend this Privacy Policy from time to time in accordance with any amendment of Personal Data Protection Law, subordinate legislations, regulations, and/or notifications of government agencies. If there is any amendment of this Privacy Policy, The Mall Group will post the updated version on The Mall Group’s websites.

    1. Personal Data collection

    The Mall Group will collect Personal Data as necessary and only relevant to the purposes of M Card Member application, use of M Card Service, performance in accordance with the rights of M Card Member, benefits and Rewards redemption, participating in promotional activities, participating in marketing activities, and for other purposes as specified in this Privacy Policy. The scope and nature of Personal Data to be collected will depend on the purchase of the product or the use of the service, or type of transactions / activities that you do with The Mall Group and/or business partners as the following details;

    • Personal details such as name title, first name, surname, nickname, gender, age, nationality, date of birth, place of birth, blood type, weight, height, signature, photo, voice, voice record, marital status, number of family members, information of family members, personal profile, educational background, career, position, workplace, type of business, information on the card or document issued by a government agency such as ID card, house registration, marriage certification, name-surname change certificate, passport, visa, alien identification card, driving license, vehicle registration certificate, social security information, taxpayer information, and other information or document that identifies identity, immigration details such as dates of arrival and departure and/or other Personal Data that you have given to The Mall Group.
    • Contact information such as hometown, address, e-mail, phone number, username and password, or social media online account such as LINE, Facebook, Instagram and Google and/or other contact information that you have given to The Mall Group.
    • Membership information such as M Card Member application, M Card Member account details, M Card number, type of M Card Member, type of customer, information for registering or applying for services or products such as M Card Service, M Card usage history, M Point, Reward redemption, exercise of rights, information used to register for promotional activities or marketing activities, your inquiries, opinions, complaints or suggestion and other membership information.
    • Transaction information such as purchase order, use of service, payment, delivery of product, product return, buying or using of service behavior, online shopping or using of service behavior, online shopping carts, wish lists, claim on product warranty, information obtained from M Card Member’s use of products or services of The Mall Group, questionnaire and survey, question-answer record, and other transactions information with The Mall Group.
    • Financial information such as payment, bank information e.g. details of deposit account, credit card, debit card, cash card or other financial products, credit bureau information, and other financial information.
    • Technical information such as
      • GPS location when you turn on location feature.
      • Information in connection with searching or using on M Card Service, or information about the use of M Card Service’s features or functions.
      • Online usage information, such as information about internet service provider, domain name, IP address or websites that bring you to The Mall Group. This may include the use of cookie or web beacons to help The Mall Group develop M Card Service and to make the use of M Card Service more efficient.
      • Cookie information and other information which is obtained from your use of the mobile application in which The Mall Group received or recorded such information from browser or your electronic devices.
      • Other technical information from using M Card Service, operating system, or any other online channels of The Mall Group and/or business partners.
    • Marketing and contact information such as a wish to receive marketing information or news from The Mall Group and/or business partners, including other relevant details.
    • Sensitive Data such as race, ethnic group, religion, political opinion, physical or mental condition, disability, health information, medical history, credit information, criminal record, biological information to prove or verify identity (Biometric Information) such as fingerprint, retinal scan, face scan, voice record, etc.
    • Personal Data of other persons

    In case you are required to provide Personal Data of other persons to The Mall Group such as information of relatives, spouse, children, referrals, or other persons who may receive the purchased product on your behalf or emergency contacts, or beneficiaries, a person who introduces or solicits a purchase of goods or products, or applying for services. Provided that, The Mall Group may collect Personal Data of other persons including but not limited to name title, name, surname, identification number, house registration, phone number, postal address, etc.

    If you provide Personal Data of other persons to The Mall Group, you warrant and confirm that you have already informed this Privacy Policy to that person to acknowledge and/or already obtained relevant consent, and ensure that you have the rights to provide The Mall Group with their Personal Data correctly in accordance with PDPA.

    If you do not provide Personal Data to The Mall Group, you may not receive the services or experience inconvenience, or cause The Mall Group to be unable to perform contractual obligations in which you may sustain damage or loss of opportunity.

    1. No Consent Required: Purposes of Collection, Use and/or Disclosure of Personal Data

    The Mall Group will ask for your consent before or while collecting Personal Data by electronic means or any other means except for the following purposes where The Mall Group can rely on other legal grounds to do so without first obtaining your consent, only need to inform you of the purposes for collecting, using and/or disclosing  Personal Data;

    • to perform contractual obligations with you (as customers, suppliers, service providers, contractors or others) such as sales and purchase of goods and work for hire, and use of The Mall Group’s services such as product delivery or other services through mobile applications;
    • to comply with applicable laws;
    • for your interest, and the consent is not possibly obtained at that time;
    • in case of necessity to prevent or suppress any danger to life, body or health of a person;
    • to achieve the purposes related to the preparation of historical documents or archives for public interest or for study, research, statistic preparation under appropriate preventive measures.
    • in case of necessity for the legitimate interests of The Mall Group or of any person or juristic person other than The Mall Group:
      • Implementing a preventive plan or measures to reduce risks arising from frauds, cyber threat or violations of laws;
      • Recording videos of those who do transactions with The Mall Group’s offices or branches on the CCTV or verifying your identity or communicating and sharing Personal Data within The Mall Group for security within the shopping complexes, department stores and office building of The Mall Group;
      • Risk management, supervision, audit, examination or investigation of frauds or illegal activities or suspicious transactions;
      • Internal management including sharing Personal Data within The Mall Group;
      • Execution of claims or exercising rights of The Mall Group such as debt collection, litigation, daily police report, etc.;
      • Monitoring e-mail correspondence or internet transaction between The Mall Group’s employees and you to prevent the disclosure of The Mall Group’s confidential information.
    1. Consent Required: Purposes of Collection, Use and/or Disclosure of Personal Data

    You agree and consent for The Mall Group to collect, use, and disclose your Personal Data and/or other information you have provided, or The Mall Group has received, retained, accessed through other sources for the following purposes;

    • Applying M Card membership, exercising M Card Member’s rights, using M Card Service and other services associated with M Card;
    • Data processing of M Card usage, sending and transferring of M Point, redemption of M Point;
    • Managing and controlling M Card Service to facilitate and assure you that M Card Service works efficiently and safely as well as to improve the plans and content of M Card Service to meet the needs of M Card Member as much as possible;
    • Organizing promotional activities, marketing activities of The Mall Group and/or business partners;
    • Marketing and communicating to offer privileges, promotions, benefits, special offers, marketing activities, sales promotions, notifications, news, marketing information or other communications about products or services of The Mall Group and/or business partners;
    • Direct marketing via SMS, phone, e-mail, fax, social media and/or other communication channels to promote products or services of The Mall Group and/or business partners;
    • Following up on services, feedbacks, suggestions, inquiries as well as complaints to solve any problems for you;
    • Maintaining and developing relationship with you, communicating, sending news or greetings on various occasions to you;
    • Advertising and promoting the business, products or services of The Mall Group and/or business partners;
    • Conducting researches such as marketing and consumer behavior, data analytics, opinion survey, statistical analysis and trends related to products and/or services of The Mall Group;
    • Providing or offering products or services to you properly, and meet your needs as much as possible, including inventing, developing, improving products or enhancing services to deliver or provide new experiences or proper services to you.
    • Communicating or conducting public relations within The Mall Group;
    • Managing business of The Mall Group or which The Mall Group hires or assigns others to proceed on its behalf;
    • Sharing, transferring or disclosing the information to business partners of The Mall Group or other third party to which The Mall Group is a party or relationship with both in Thailand and abroad, and any other persons which you will be further notified for the purposes of providing services to you or enabling you to do transactions and/or use the services you desire and/or for other purposes specified in Clauses 3.1-3.13, where the examples of a third party that The Mall Group will disclose the information are specified in Clause 4 of this Part 3.

    You agree that your consent given under these terms and conditions will be valid for a period of 10 (ten) years from the date that you terminate M Card membership or cease to use services or contact with The Mall Group. You can withdraw this consent at any time by contacting The Mall Group through contact channels as specified in Clause 5 of Part 4.  

    1. Personal Data disclosure

    The Mall Group will not disclose your Personal Data to third party except (a) The Mall Group has obtained your consent (b) for the following purposes as specified in this Privacy Policy (c) in accordance with laws or orders of government agencies or state agencies or any other law enforcement agencies. The Mall Group may be required to disclose your Personal Data to the third party (both in Thailand and abroad) as follows;

    • External service provider to carry out relevant operations related to The Mall Group’s business which shall include, without limitation, manufacturer, service provider, retail operator, event organizer, marketing, research, opinion survey, data analysis, IT service provider, data storage and cloud service provider, risk management, telecommunication, bank and financial institution, investment, life-insurance, non-life insurance, warehouse management and control, logistics, courier service provider, transportation, shipping, maintenance service, system engineering, construction, postal service, electronic procurement system, e-commerce, e-payment, call center, medical service, marketing and advertising media, digital multimedia, touring, printing, personnel outsourcing, brokerage service and debt collection, etc.;
    • The Mall Group’s business partners who participate in promotional or marketing activities or jointly provide or offer products or services to you, or assist you to do transactions and/or use services you desire, including collaboration to invent, develop or improve products or services to meet the needs and create maximum satisfaction for you or the customers of The Mall Group;
    • Advisors in various fields such as legal advisor, financial advisor, or expert or external auditor, etc.;
    • Assignee of rights and/or duties in the event of merger and acquisition, transfer of business, in whole or in part, to a third party;
    • Associations and organizations such as The Foundation for Consumers, The Association of Confederation of Consumer Organization, The Thai Chamber of Commerce, The Thai Chamber of Commerce and Board of Trade of Thailand, Thai Retailer Association, Thai E-Commerce Association, Thai Shopping Center Association, Thailand E-Payment Trade Association;
    • Government authorities and/or state agencies such as the Revenue Department, Office of Trade Competition Commission, etc. including court, Office of the Attorney General, Royal Thai Police or any other law enforcement agencies.

    In disclosing your Personal Data to third party above, The Mall Group will limit the disclosure of your Personal Data only to the extent as required to achieve the relevant purposes, and will procure such third party to sign a Personal Data Processing Agreement to ensure that such third party will not use your Personal Data for any other purposes, and will strictly keep your Personal Data secure as required by laws.

    1. Transfer of your Personal Data to overseas

    The Mall Group may disclose or transfer your Personal Data to other countries, a third party or a server located overseas where such destination country may or may not have the same data protection standards. Provided that, The Mall Group will proceed with procedures and measures to ensure that your Personal Data will be securely transferred, and that the person who receives your Personal Data has in place appropriate data protection standards or others under legal exception or in accordance with applicable laws. Also, The Mall Group will ask for your consent if the law requires consent in case of transferring Personal Data to overseas.

    1. Cookie and how to use cookie

    The Mall Group will collect information about your use or visit to websites, including your Personal Data through the use of cookie which is a small piece of data consisting of downloaded information that is stored in your web-browser or other internet-connected devices such as a computer, smartphone or tablet which the server can be viewed later. However, certain types of cookie are required in order for the website to function properly and efficiently. Other types of cookie are used to store or track information about your use of a website to help distinguish your website usage patterns from other users, enabling The Mall Group to manage and improve the quality and efficiency of website to provide you good experiences from using website. This may include the use of information to analyze behavior of customer/consumer, market trend and trend, so as to provide or offer products or services that suit your needs.

    1. Rights of Data Subject

    The Mall Group recognizes your privacy rights which are well protected under the Personal Data Protection Law whereby you are entitled to exercise those rights at any time by sending a request to the Data Protection Officer (“DPO”) via contact channels indicated in Clause 5 of Part 4. However, in case you are under 20 years old or your legal capacity is restricted, your parent or guardian may exercise the rights on your behalf by doing so, which you can learn more at https://www.mcardmall.com/en/privacy-policies

    The Mall Group will strictly proceed in accordance with your request in accordance with the Personal Data Protection Law within 14 (fourteen) business days upon receipt of such request as follows.

    • Rights to Withdraw Consent
    • Rights to Access Information
    • Rights to Data Portability
    • Rights to Object Profiling
    • Rights to Erasure / to be Forgotten
    • Rights to Restrict Processing
    • Rights to Rectification
    • Rights to Complain
    1. Security Measure of Personal Data

    The Mall Group recognizes the importance of maintaining the security of your Personal Data. Therefore, The Mall Group has established security measures to protect your  Personal Data appropriately and in accordance with the standards pursuant to the Personal Data Protection Law which comprise technical measures and organizational measures to ensure that your Personal Data will be processed properly and securely and to prevent a breach of Personal Data. The Mall Group has implemented policies, rules, regulations, work manual on Personal Data protection including measures to prevent receiving party from abusing or unlawfully disclosing Personal Data other than designated purposes. The Mall Group will amend such policies, rules, regulations and measures as it deems appropriate. In addition, executives, staffs, employees, contractors, agents, advisors, external service providers and data recipient of The Mall Group are obliged to keep Personal Data confidential pursuant to the confidentiality measures designated by The Mall Group.

    1. Period of Retention of Personal Data

    The Mall Group will retain your Personal Data for as long as is necessary during the period that you are using the services of, or have a relationship with, The Mall Group, or for as long as is necessary for fulfilling the purposes as set out in this terms and conditions. When you are no longer the customer of The Mall Group or have terminated relationship with The Mall Group, The Mall Group will still retain your Personal Data as required by applicable laws and in accordance with this Privacy Policy, The Mall Group’s manuals on data retention and destruction such as for the purpose of verifying and investigating possible disputes within legal prescription of not over 10 (ten) years. The Mall Group will erase or destroy your Personal Data or make it unidentifiable when it is no longer necessary or when the 10-year period has expired.

  4. Part 4 – Miscellaneous
    1. Limitation of Liability

    Any action which is performed by The Mall Group in accordance with this terms and conditions and/or in accordance with the information notified by Applicant or M Card Member to The Mall Group and/or at the request of Applicant or M Card Member and/or in accordance with any terms and conditions for the use of services of The Mall Group, whether currently in effect or latterly being issued, shall bind Applicant or M Card Member in all respects and The Mall Group shall not be liable for any damages occurred to Applicant or M Card Member and/or any other persons in any circumstances.

    1. Intellectual Property

    Any content contained on M Card Service including computer programs, pictures, graphs, video, graphics, music, sound or other items (“Content”) is protected under Intellectual Property laws. M Card Member is not entitled to reproduce, modify, delete, add, publish, forward, reverse engineering or attempt to access the source code of M Card Service or to participate in the transferring or selling, hire-purchasing or leasing or modifying into other works, either in whole or in part.

    1. Severability

    If any part of this Terms and Conditions is void or incomplete or unenforceable, the other provisions of this Terms and Conditions shall remain in full force and effect.

    1. Applicable Law

    This Terms and Conditions shall be construed and governed by the laws of Thailand.

    1. Contact Channels
      • If M Card Member has suggestion or needs more information about M Card or M Card Service or wish to lodge a complaint about M Card, please contact M Card Call Center at 02-789-5555 or M Card counter at every branch on business days during operating hours of shopping center.
      • If M Card Member wish to inquire about the collection, use and/or disclosure of Personal Data and the rights of M Card Member under Personal Data Protection Law or wish to withdraw consent or exercise various rights or stop receiving news or marketing information or the breach of Personal Data is found, please contact       M Card Call Center at 02-789-5555 or M Card counter at every branch on business days during operating hours of shopping center or Data Protection Officer at 02-310-1773 or DPO@themall.co.th

    Applicant / M Card Member can learn more about (a) Terms and Conditions of M Card Service (b) M Point / M Card benefits and (c) Rewards / M-Coupon at http://www.mcardmall.com/en/terms or https://www.mcardmall.com/en/privacy-policies

    I have read and acknowledged the Terms and Conditions of M Card as well as Privacy Policy as specified in this application, therefore, agree and accept the above terms and conditions and Privacy Policy in all respects by signing below as evidence.