Morgan’s Supa Valu Delahey

Upfront disclosure regarding Supa Club Program Terms and Conditions

We want to make you aware of certain terms and conditions that apply to your participation in the Supa Club Program.

Please note that there may be other terms and conditions that are important to you which we have not highlighted below. You should read all of the terms and conditions to understand how the Supa Club Program works and the terms and conditions that apply.

Please read the following specific disclosures carefully to ensure you are aware of them.

• Your name, contact details and address provided when you register for the Supa Club Program and information regarding your in store purchases using your Card and other activity on your account may be accessible by certain third parties. These third parties and the purpose of such disclosures are set out in the Supa Club Privacy Policy. supaclub.com.au/privacy-policy/
• Your membership is linked to the Supa Valu store you select as your Primary Store. You will only accrue points, and be able to redeem points, for eligible in store purchases at your Primary Store.
• You will be prompted to redeem points once your balance reaches $10. Unused points will expire 12 months after the date they are accrued. When you redeem points, your oldest points will be used first.
• While your rights under the Australian Consumer Law are not affected or excluded, we exclude all other liability for loss or damage in connection with the Supa Club Program and your membership except for reinstatement of points or redemption of points accrued in accordance with the Supa Club terms and conditions.
• We may terminate the Supa Club Program at your Primary Store on 90 days’ notice. We may de-activate your account if it is inactive for at least 3 years. Points held at the time of termination or de-activation will be lost.
• If your Primary Store ceases participating in the Supa Club program, and you have consented to us being able to provide them with a copy of your membership details for their use moving forward, we may provide a copy of your membership details, including the personal information you have provided to us, to the Primary Store operator. The Primary Store may then continue to use such personal information in accordance with their privacy policy, available for your review before you register on the Supa Club website or otherwise on request from your Primary Store, as updated by your Primary Store from time to time .
• We may vary the Supa Club terms and conditions, provided 90 days’ notice will be given if the variation negatively affects your rights.

Metcash Food & Grocery Pty Ltd ABN 67 004 391 422 of 1 Thomas Holt Drive, Macquarie Park NSW 1670 (Metcash or we)

The Supa Club loyalty program is the customer loyalty program which Metcash operates throughout Australia at participating Supa Valu stores (Program). These are the terms and conditions governing the Program (Terms).

The Program is specific to the participating stores listed below, one of which you may select as your ‘Primary Store’:

Store	Address	ABN
Supa Valu Morgan’s Delahey	Delahey Village, Taylors Rd, Delahey VIC 3037	99 582 204 391

Privacy: We will collect personal information about you when you sign up to the Program and when you enter into transactions in your Primary Store using your Card. We collect this information to enable you to receive the Program benefits and for us to better understand and gain insights into shopper trends and campaigns and store performance. We will be unable to provide you with the Program benefits if you do not provide us with that information. We may disclose your personal information to third parties as further described in these Terms.

We will also handle your personal information in accordance with the Supa Club Privacy Policy (https://supaclub.com.au/privacy-policy/).

Membership: Membership of the Program is free. To become a member of the Program:

you must be:

• an individual;
• a resident of Australia;
• aged 18 years or over,

and you must:

• provide your full name and accurate information when registering as a member;
• accept these Terms; and
• have full power and authority to do so.

You cannot register for the Program for or on behalf of a business. The Program is only for personal and consumer use, and you must not use the Program for any business transaction or purpose.

To become a member of the Program, you will need to:

• collect a Program membership card in-store or, where available, download a virtual card from the Supa Club website (Card); and
• sign up to the Program either in-store or via the Supa Club website at supaclub.com.au

You will be able to collect points on your Card before you sign up to the Program, but you will not be able to redeem those points until you have signed up.

When you sign up to the Program, other information you will be asked to provide includes:

• the participating Supa Valu store (Primary Store) that you want your Card to be linked to; and
• a valid email address, if you wish to receive email communications about the Program.

Membership benefits: As a member of the Program you will:

• receive points for each whole dollar spent on purchases of Eligible Products at your Primary Store when you present your Card during the transaction;
• receive electronic marketing communications sent by us or on our behalf in relation to the Program or offers made by your Primary Store; and
• be able to redeem the value of your points against Eligible Products purchased in your Primary Store when you present your Card at the time of the transaction. You will be prompted to redeem your points once your balance reaches a credit of $10.

Primary Store: You will be able to accrue and redeem points only at your Primary Store. Purchases at other Supa Valu or IGA stores will not earn points for the Program, and you cannot redeem your points at a store other than your Primary Store.

Points accrual: You will receive at least one point for each whole dollar spent on Eligible Products at your Primary Store when you present your Card during the transaction.

Bonus points accrual: We may, from time to time, offer additional points in relation to specified purchases made in your Primary Store. The availability of bonus points (and any accompanying conditions) will be promoted in your Primary Store and/or in electronic communications to you. Bonus points will accrue on presentation of your Card during the qualifying transaction.

Eligible purchases: Points will only be received for, and can only be redeemed against, purchases of products that are ‘Eligible Products’. Eligible Products will be any products purchased in-store at your Primary Store other than:

• tobacco or tobacco-related products, lottery products, stamps, gift cards, mobile and data recharges and top ups, travel cards and tickets, Epay and any other goods or services notified by us from time to time (Excluded Items); and
• any other goods or services in relation to which it is unlawful to offer, issue or redeem points.

Points will not be received for, and may not be redeemed for, online purchases.

Redemption of points: The rate of redemption is at least $0.01 per point (i.e. 1,000 points = at least $10). You can redeem your points as a credit against the purchase of Eligible Products in your Primary Store by presenting your Card and confirming you wish to redeem your points. When you redeem points, your oldest points will be used first. Points cannot be exchanged for cash.

Points Expiry Unused points will expire 12 months after the date they are accrued.

Refunds: If you return purchases for which you have earned points and receive a refund, we may require you to present your Card and have the associated points deducted from your balance.

Non-transferrable: Points are personal to your account, and cannot be transferred to any other person or account.

Checking points balance: Your points balance will be printed on your receipt when you shop at your Primary Store and scan your Card during the transaction. If you wish to check your points balance, you can do so by scanning your Card in your Primary Store and asking for a receipt to be printed (whether you make a purchase or not). The points balance displayed may not include recently accrued points.

Your responsibilities: You agree that:

• you will give us accurate information about yourself (including as part of the registration process) and update us if your details change. We are not responsible if you are unable to collect or receive Program benefits as a result of your failure to provide accurate information, including a failure to update your account details;
• you will comply with these Terms, and you will not use your Card or any Program benefits in any unauthorised or illegal manner;
• the Card issued to you remains our property. You are responsible for its safekeeping and for uses made of your Card, and you must not allow anyone else to use your Card or receive the benefit of your Program membership.

If you do not comply with your obligations under these Terms (or we have reasonable grounds to consider that you have not complied with your obligations), we may remove you from the Program or remove Program benefits at any time. This includes if we have reasonable grounds to believe that you:

• are abusing or attempting to abuse the Program;
• have breached these Terms or the terms and conditions of any Program offers; or
• are involved in any behaviour relating to the Program that involves theft, fraud, misconduct, abusive, offensive or other inappropriate behaviour, or the supply of false or misleading information.

Lost, damaged or stolen Cards: If your Card is lost, damaged or stolen, you can collect a replacement Card from your Primary Store or, where available, download a virtual card from the Supa Club website at supaclub.com.au. You will then need to log on to the website to link the replacement Card to your account. If you notify us that a Card has been lost or stolen, we may suspend the relevant account to prevent misuse.

Ending the Program: We may make the decision to terminate the Program, either generally or only for your Primary Store. If we do decide to take this step, we will give you reasonable notice of our decision and at least 90 days in which to redeem any points that you have accrued.

De-activating your account: If there has been no activity on your account for the Program for at least 3 years, Metcash may de-activate your account.

Ending your Program participation: You may make the decision to end your participation in the Program at any time, including if you do not agree to changes to these Terms. You can terminate your membership of the Program by closing your online account on the Supa Club website at supaclub.com.au or by sending an email to [email protected].

Points held at termination: If you have points accrued at the time the Program ends at your Primary Store or when your account is de-activated in accordance with these terms, or when your Program participation ceases, you will be unable to redeem those points and your points balance will be lost.

Opting out of marketing communications: You can opt out of receiving electronic marketing communications at any time by following the process set out in the Supa Club Privacy Policy (https://supaclub.com.au/privacy-policy/).

Notices by email: Notices to you under these Terms will be sent by email, and we will not be required to notify you if you have not provided a current email address for communications about the Program or if you have opted out of such communications.

Third parties’ access to data: Organisations which help us to operate the Program may be located in Australia and in other countries, including the United Kingdom and the United States of America. Our service providers may also make personal information held in Australia or the other countries listed above remotely available for processing by service provider personnel located in other countries, such as China and Thailand. Reasonable steps are taken to ensure that overseas recipients of your personal information do not breach the privacy obligations relating to your personal information, and only use it for the purpose for which it was disclosed.

Please also see the Supa Club Privacy Policy (https://supaclub.com.au/privacy-policy/) for further information generally on how we collect, hold, use and disclose personal information.

If the retailer who operates your Primary Store chooses to cease participating in Supa Club, and you have consented to our providing them with a copy of your membership data for their use moving forward, including your personal information, then we will provide your Primary Store with such personal information. The Primary Store may then continue to use such personal information in accordance with their privacy policy, available for your review before you register on the Supa Club website or otherwise on request from your Primary Store, as updated by your Primary Store from time to time.

Liability and disclaimer:Consumer protection legislation, including the Australian Consumer Law, may give you rights and remedies which cannot be excluded, restricted or modified (Non-excludable Rights). Nothing in these Terms is intended to exclude, restrict or modify your Non-excludable Rights. To the extent permitted by law and subject to your Non-excludable Rights, Metcash’s liability is limited to the reinstatement of points or the redemption of points accrued in accordance with these Terms, and Metcash is not otherwise liable to you for any loss or damage (however caused including by negligence) you may suffer or incur in connection with the Program, including due to:

• the conduct, representations, products or services provided by Metcash or other Program participants in connection with the Program;
• events beyond our reasonable control;
• loss of or corruption of data; or
• the suspension or termination of your account in accordance with these Terms.

To the extent permitted by law and subject to your Non-Excludable Rights, Metcash does not provide any warranty or representation regarding the accuracy, timeliness or completeness of the information contained in or communications relating to the Program or that access to the Program will be uninterrupted.

Intellectual Property: Unless otherwise noted, all materials provided in relation to the Program are protected as copyright, trade names, trade marks or are other intellectual property owned by us and/or our related bodies corporate or by other persons who have licensed their material or trade marks to us. You do not have the right to use these intellectual property rights without the written permission of their owner.

Changes to the Terms: We may vary these Terms from time to time, and the current version of the Terms will be available on the Supa Club website. If any variation negatively affects your points or your redemption entitlements, or otherwise reduces your rights or entitlements, we will give you not less than 90 days’ notice before those variations come into effect. If you do not accept changes to the Terms, you can terminate your membership. If you continue to participate in the Program that will constitute acceptance of the updated Terms.

General: These Terms are governed by the laws of New South Wales, Australia and you and we agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction. These Terms constitute the complete and exclusive agreement between you and us about the Program. If any provision of these Terms is invalid under applicable law in any jurisdiction, the remainder of these Terms remain in full force and effect to the extent they are not invalid in that or any other jurisdiction. A failure to enforce any right or provision of these Terms will not constitute a waiver and will not restrict either you or us from enforcing that right or provision now or in future.

Queries and complaints: If you have any queries or complaints in relation to the Program, please speak to a staff member in your Primary Store. You can also use the contact form on the Supa Club website, but please be aware that you may be requested to contact your Primary Store directly in relation to certain types of queries.

SUPA CLUB Privacy Policy

1. Scope

Metcash Trading Limited ABN 61 000 031 569 and its related bodies corporate, including Metcash Food & Grocery Pty Limited ABN 67 004 391 422, (collectively, “Metcash”, “we”, “our” or “us”) are committed to the protection of the privacy and rights of individuals in relation to their personal information. This Privacy Policy tells you how we collect, hold, use and disclose your personal information.

This Privacy Policy tells you how we collect, hold, use and disclose your personal information in connection with your participation in the Program (whether as a member, Program partner, reward provider or otherwise), and/or use of the Program website (https://supaclub.com.au), any Program app, social pages and other Program digital services.

This Privacy Policy does not apply to our handling of personal information in other contexts. Our handling of personal information outside the context of SUPA CLUB is described in our general privacy policy, located at: https://www.metcash.com/legal/privacy-policy/. You should also be aware that the handling of personal information by third parties (such as IGA Retailers or operators of a third party loyalty program connected with SUPA CLUB) will be subject to those third parties’ own privacy policies.

Where we refer to the ‘Privacy Act’ in this Policy we mean the Privacy Act 1988 (Cth).

2. Updates to this policy

We may update this Privacy Policy from time to time, and will post the updated version on the SUPA CLUB website at supaclub.com.au/privacy. We will also notify Program members by email of any material changes to the policy.

If you would like a copy of this Privacy Policy, or have any concerns about our handling of your personal information, you can contact our Privacy Officer using the details provided in section 11 below (“How to contact us or make a complaint”).

3. What personal information do we collect and hold in connection with the Program?

The types of personal information we collect and hold about Program members may include:

• name(s);
• contact details (e.g. address(es), email address(es), telephone number(s));
• other identification information (e.g. date of birth, membership numbers or other personal identifiers related to your participation in the Program);
• details of your registered “primary store”;
• household / demographic information;
• transaction information / history (including details of the products you purchase, and the value of your purchases);
• details and history of preferences, interests and behaviour relating to transactions, products and interaction with our digital services and platforms;
• reward details (including details of reward redemptions);
• records of your automatic competition entries;
• your browsing history and cookie preferences;
• records of your communications and interactions with us and in connection with the Program;
• information regarding your participation in third party loyalty programs associated with the Program; and
  other personal information you provide to us or to IGA Retailers.

The kind of information we may collect regarding other participants in the Program (such as IGA Retailers and rewards providers) includes:

• name(s);
• contact details (e.g. address(es), email address(es), telephone number(s));
• other identification information (e.g. date of birth);
• relevant employment details (e.g. role title); and
• any other personal information those participants provide to us.

From time to time, you may provide us, and we may collect from you, the personal information of a third party. Where you provide the personal information of third parties, you agree that you will ensure that those persons are aware of this Privacy Policy, understand it and agree to accept it, and that you have their consent to provide the information to us.

4. How do we collect your personal information in connection with the Program?

We may collect your personal information from your interactions and transactions with us, IGA Retailers and their service providers or existing loyalty program operators, and other Program participants (such as rewards providers).

This includes when you:

• use or access the Program website or Program-related digital services;
• email or contact us, or we otherwise have conversations with you (such as in-store or over the telephone); or
• have other dealings with us, or otherwise in the course of us providing you with a requested product, service or benefit.

For SUPA CLUB program members, we may also collect your information when you:

• register to participate in the Program directly with us (e.g. via our website or any Program app we provide);
• use the loyalty card which has been linked to your Program account, including when you make a purchase instore or online;
• participate in a promotion, competition or survey in connection with the Program; and/or
• redeem a reward or access an offer provided in connection with the Program.

We may also collect personal information from third parties including:

• IGA Retailers and their service providers (such as point of sale vendors) or existing loyalty program operators;
• other Program participants (such as rewards providers) and their service providers;
• other Metcash group companies; and
• your representatives (including legal representatives).

5. How do we hold and protect your personal information?

We hold personal information in a combination of computer storage facilities, paper-based files and other records, both at our own premises and with the assistance of service providers.

In so doing, we take reasonable steps to protect your personal information from misuse, interference and loss, and unauthorised access, modification or disclosure.

When we no longer need your personal information, we take reasonable steps to destroy or permanently de-identify the information.

6. Consequences if you do not provide personal information

If you do not provide your personal information, we may not be able to provide you with products, services or benefits in connection with the Program. For example, if you have not provided your email address, we will not be able to issue personalised email communications or grant you automatic competition entries.

7. Why do we collect, hold, use and disclose your personal information?

General
We handle your personal information for the purposes of providing, administering, improving and personalising the Program, our products and services, and the products and services of IGA Retailers and other Program participants. This can include registering you to participate in the Program; enabling you to access Program portals; providing Program benefits; managing Program promotions and competitions; enabling automatic entry in Program-related and Retailer-related promotions for Program members; offering and facilitating the offer of other Program benefits; offering and facilitating the offer of other products or services that may be of interest to you; verifying your identity, communicating with you (including through direct marketing, where we are permitted to do so); understanding your interests and preferences to help us tailor our communications and offers and to improve our offerings and the offerings of IGA Retailers; handling your queries and complaints; assessing the performance of Program websites, apps and digital platforms and improving their operation; for other data analytics purposes, including to provide participating IGA Retailers with information about the purchasing trends of members who have registered that IGA Retailer as their “primary store” and to provide aggregated, anonymous information about Program activity, shopper trends and campaign/promotional performance, and other Program insights, to IGA Retailers and other Program participants; conducting surveys, and market and product research; otherwise providing goods, services and benefits you have requested or are eligible to receive in connection with the Program; working with our service providers; and any other purposes which we have notified to you at the time of collection of the information, or to which you have provided your consent.

Corporate/Legal
We may also handle your personal information:

• to enforce our legal rights and obtain professional advice;
• to comply with industry standards and our policies;
• for other activities that you may reasonably expect us to use the information for;
• as required or authorised by law or a court or tribunal order; and
• to facilitate purchases or potential purchases of, or investments in, our business or a group company.

Direct marketing

Where we have your consent or are otherwise permitted by law to do so, we may also use and disclose your personal information to provide you with marketing communications and targeted advertising on an ongoing basis by electronic messages (such as SMS or email), through our digital services and by other means. These communications may be sent by third parties on our behalf.

These communications may relate to the products and services we, other Program participants (such as our Retailers or rewards providers) and other group companies provide, promotions run by us or for which there is automatic entry for Program members, and other products or developments which may be of interest to you.

You may opt-out of receiving future electronic and telephone direct marketing communications through the unsubscribe function that will be made available to you with each direct marketing communication although this may limit your ability to receive the benefits of the Program. Please see the Member Terms and Conditions supaclub.com.au/terms to understand the consequences of unsubscribing from email communications.

8. Who do we disclose your personal information to?

We may disclose your personal information to:

• various third party service providers we or our group companies engage in connection with the Program, including service providers who assist with the development, administration, marketing or improvement of the Program, or with Program-related data processing/analysis;
• the IGA Retailer you have registered as your “primary store”, from time to time for the purposes of that Retailer’s participation in the Program and also when that Retailer ceases participating in the Program;
• the third party operator of an existing loyalty program run on behalf of the IGA Retailer you have registered as your “primary store”, to enable you to also be registered in that program, and to obtain the benefits of membership of that program. Please see the “Third Party Programs” section of the Member Terms and Conditions (at supaclub.com.au/terms) for more information;
• other Program participants, including rewards providers, as is reasonable or necessary for the operation of the Program. In this regard, we do not share identifiable member data with IGA Retailers, except with a member’s registered “primary store”. However, we may use and analyse member personal information to create aggregated, anonymous data which we report to other participating IGA Retailers and other Program participants, to enable them to gain insights into general shopper trends and campaign and store performance;
• our professional advisers such as accountants, solicitors, business advisers and consultants;
• government bodies and regulatory authorities, including if required or authorised by law;
• companies that we plan to merge with or be acquired by or who may invest in us or our group companies; and
• our related group companies, for their internal purposes only.

We disclose personal information, for some of the purposes described above, to organisations located in Australia and in other countries, including the United Kingdom and the United States of America. We or our service providers may also make personal information held in Australia or the other countries listed above remotely available for processing by service provider personnel located in other countries, such as China and Thailand.

We take reasonable steps to ensure that overseas recipients of your personal information do not breach the privacy obligations relating to your personal information and only use it for the purpose for which it was disclosed.

9. Digital Technologies

We may use digital technologies such as cookies, location services, web server logs and web beacons in connection with the Program website, any Program app, social pages and other digital portals. Some of these technologies may operate without collecting or using any personal information. Please note this privacy policy applies to our collection, use, disclosure and storage of personal information only.
The Program website uses cookies to track user traffic patterns and to better serve you when you revisit the website. A cookie is a small data file that a website may write to your hard drive when you visit it. A cookie file can contain information, such as a Session ID which the website uses to track the pages you have visited. Other technologies we use include web beacons. We allow cookies and other digital technologies to be used:

• so that your preferences for a particular site can be stored;
• to improve your browsing experience; and
• to help tailor advertising and promotions to you.

Information is also generated whenever a page is accessed on the SUPA CLUB Program website that records information such as the time, date and specific page accessed. We collect such information for statistical and maintenance purposes and in order to enable us to continually evaluate our website’s performance.

In some cases, we and third parties may use cookies and other technologies in connection with the SUPA CLUB Program website, any Program app and digital marketing initiatives, for example in relation to online behavioural advertising, surveys and website analytics and email campaign tracking. The third party technologies we may use from time to time include Google Analytics, Google AdSense, Google Tag Manager, Facebook tracking, Cretieo, Hot Jar, Clicky and Gigya. You can find more details about these technologies, the data they collect and how you can opt out of certain conduct in the privacy policies and other consumer-facing documentation for those technologies (e.g. via Google’s Ads Preferences Manager). You may need to opt-out separately from each technology. The website youronlinechoices.com.au also allows you to opt-out of some online behavioural advertising and provides further information about how online behavioural advertising works. Your browser may also allow you to turn off or disable cookies and certain other technologies. Please be aware, however, that if you turn off or disable these technologies, you may not be able to experience the full functionality of the SUPA CLUB Program website and associated services.

10. How you can access and correct your personal information

We will take reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up to date. If your personal details change, such as your address or phone number, please update your account profile via the Program website or contact our Privacy Officer by email or at the address provided in section 11 below.

At your request, we will provide you with a copy of any personal information which we hold about you, unless an exception under the Privacy Act applies. We may charge reasonable fees for retrieving this information, in which case we will inform you of the fee and obtain your agreement to that fee before providing the information.

11. How to contact us or make a complaint

If you have any questions about this Privacy Policy, if you wish to update or request access to information we hold about you, or if you wish to make a complaint about our collection, use or disclosure of your personal information in connection with the SUPA CLUB Program, please contact us at:

The Privacy Officer – SUPA CLUB Program
Metcash Trading Limited
1 Thomas Holt Drive
Macquarie Park NSW 2113
Fax: (02) 9741 3027
E-mail: [email protected]

We will promptly acknowledge and investigate any complaint about the way we manage personal information.
We will take reasonable steps to remedy any issues resulting from our failure to comply with our privacy obligations. If our response to your complaint does not address your concerns to your satisfaction, you may have the right to make a complaint to the Office of the Australian Information Commissioner, whose website is located at: oaic.gov.au