Marketing and Loyalty Compliance Schedule

1. Scope and roles

This schedule applies when a customer uses Bibeno for direct marketing, promotional messaging, customer segmentation, loyalty enrolment, points, tiers, rewards, or related analytics. For customer-directed activities, the customer determines the business purpose, audience, programme rules, offer, content, and lawful route and ordinarily acts as responsible party and programme sponsor. Bibeno acts as operator for customer-controlled personal information to the extent stated in the Data Processing Agreement and remains responsible party for Bibeno's own purposes. Neither party is relieved of a non-excludable duty under POPIA, the Consumer Protection Act, ECTA, an applicable code, regulation, regulator direction, or other law.

2. Activation and feature gates

Direct marketing and loyalty are separate controlled features. Each remains unavailable in production until the applicable legal documents, merchant particulars, privacy notice, programme configuration, acceptance evidence, providers, transfers, complaint route, retention controls, regulatory registrations, and operational tests are approved for the exact legal entity, tenant, branch, brand, sender, purpose, and channel. Loyalty activation does not authorise direct marketing, a loyalty member is not automatically a marketing subscriber, and an administrator setting, import, API, retry, automation, or provider may not bypass a blocked gate.

3. Collection notice, purpose, and data minimisation

Before collecting personal information directly, the customer must take reasonably practicable steps to give the data subject the notice required by section 18 of POPIA, including the information collected, responsible party identity and address, purpose, whether supply is voluntary or mandatory, consequences of non-supply, applicable legal authority, recipients, any foreign transfer and protection, access and correction rights, objection rights, and the Information Regulator complaint route. Collection and later use must remain adequate, relevant, not excessive, accurate, purpose-compatible, and supported by a recorded lawful justification.

Information necessary to administer membership, calculate points, prevent abuse, redeem rewards, answer a dispute, or comply with law must be distinguished from optional profile, analytics, birthday, referral, and marketing information. Refusing an optional marketing choice must not prevent ordinary loyalty membership unless the programme owner can prove that the processing is genuinely necessary for that separate service.

4. Lawful audience selection

The customer must establish and record a lawful route for each audience, purpose, channel, product category, and sender. Purchased, scraped, inferred, public-source, partner, or imported lists may not be used merely because contact details are available. The customer must prove lawful collection or receipt, the source and date, required notices, consent or another permitted justification, purpose compatibility, current accuracy, suppression, and any operator or sharing authority. Absence of an opt-out is not consent.

5. Direct-marketing consent

• Consent must be voluntary, specific, informed, an expression of will, recorded, and separate from service access where marketing is not necessary for that service.
• Evidence must identify the person or stable contact reference, channel, responsible party or sender, purpose, wording and notice version, affirmative choice, source, capture method, time, and later withdrawal or objection status.
• Where section 69 of POPIA requires consent before unsolicited electronic direct marketing, a non-customer who has not previously withheld consent may be approached only once to request it, using the prescribed manner and form.
• Pre-ticked, bundled, coerced, silent, assumed, or indefinitely stale consent is not treated as valid merely because a database field is true.
• A person who refuses, objects, withdraws, unsubscribes, sends STOP, or registers a relevant pre-emptive block must not be re-enrolled or re-contacted through another list, identifier, channel, automation, provider, or restored backup without fresh lawful authority.
• Withdrawal must be free, practical, and no harder than the sign-up route and must not cancel unrelated membership or purchased services.

6. Limited existing-customer route

Where the customer relies on section 69(3) of POPIA, it must have obtained the data subject's contact details in the context of a sale of its product or service, use them only to market its own similar products or services, and have given a reasonable, free, and uncomplicated opportunity to object when the details were collected and with every later communication. The customer must preserve the underlying sale, collection notice, similarity assessment, sender, message, and opt-out evidence. Loyalty membership, an enquiry, a quotation, a public contact detail, or an abandoned form does not by itself establish this route.

7. NCC Opt-Out Registry

A direct marketer subject to section 11 of the Consumer Protection Act and Regulation 4, as amended with effect from 15 April 2026, must be registered on the National Consumer Commission Opt-Out Registry before contacting a consumer for direct marketing, keep its registration particulars current, and renew the registration annually on the applicable anniversary date. Each communication must enable the recipient to identify the direct marketer's name, electronic address, physical address, and contact number, and communication from a public platform may not conceal the originator.

The direct marketer must not market to a consumer who has registered a relevant pre-emptive block and must remove blocked persons from its marketing database by cleansing the data with the Commission every month. Bibeno's authoritative send boundary fails closed when registration, renewal, monthly cleansing, exact sender or tenant scope, applicable fees, or evidence is missing, expired, stale, or mismatched. Registry compliance is cumulative and does not replace POPIA consent or objection rules, the Consumer Protection Act, ECTA, or channel-specific requirements.

8. Message identity, content, and timing

• Every direct-marketing communication must contain the sender identity and an address or other contact detail through which the recipient can require the communications to cease, together with any further particulars required by applicable law.
• Claims, prices, scarcity, comparisons, discounts, competitions, rewards, limits, availability, and expiry must be truthful, substantiated, and consistent with the accessible offer terms.
• The message must not impersonate another person, conceal its commercial purpose or originator, exploit vulnerability, discriminate unlawfully, or use misleading subject lines, sender names, or calls to action.
• The customer must comply with current restricted contact days and times, frequency controls, recipient preferences, and any stricter approved campaign limit.
• Operational, security, billing, legal, receipt, points-balance, and service messages must remain necessary and must not contain promotional content used to avoid consent, registration, cleansing, or opt-out controls.

9. Suppression and opt-out

Bibeno maintains durable suppression for known objections, consent withdrawals, unsubscribe actions, STOP messages, Opt-Out Registry blocks, complaints, invalid destinations, and other required exclusions. The latest authoritative eligibility and suppression state must be checked immediately before every attempt, including a retry or delayed queue. A later import, list sync, consent sync, segment, provider change, account recreation, or restored backup must not silently reactivate a suppressed contact.

An opt-out must work without login, be acknowledged promptly, and take effect at the authoritative suppression boundary before any later marketing attempt. Only the minimum evidence needed to prevent re-contact and prove compliance may be retained after other profile data is deleted. Transactional communications that remain strictly necessary may continue, but must be clearly separated from marketing.

10. Loyalty enrolment and acceptance evidence

Before enrolment, the programme owner must present its completed current member terms and privacy notice in plain language, make them available through a durable copy or link, and record the member's required acceptance or acknowledgement. The evidence must bind the programme owner, member or stable reference, programme and branch where relevant, document identifiers, versions, resolved content hashes, URLs, presentation time, acceptance time, source, and authorised staff or device context. A changed or incomplete document set must be presented again before submission.

The completed member terms must identify the programme owner and contact channels; the programme and loyalty credit or award; participating persons and locations; relevant goods or services; enrolment and benefit steps; earning, vesting, redemption, limits, exclusions, and availability; returns and corrections; tiers; expiry or inactivity rules; changes and closure; privacy; complaints; and any other material restriction. Marketing choices must be unticked by default and captured separately from membership acceptance.

11. Consumer Protection Act loyalty safeguards

Where section 35 of the Consumer Protection Act applies, loyalty credits or awards tendered for goods, services, or transactions offered under the programme are a legal medium of exchange for that programme. The sponsor must not offer participation, credits, or awards with the intention of not providing them or providing them differently from the offer, and the offer document must clearly state the nature of the programme or award, the related goods or services, the participation or benefit steps, and the person, place, date, and time at which access is available.

• For goods or services held out as available for loyalty redemption, the sponsor or accepting supplier must plan for reasonably anticipated demand and may not restrict loyalty supply on a basis that does not also apply to other consideration.
• Sufficient loyalty credits must be accepted as adequate consideration when the same goods or services are available for other consideration, subject only to a lawful, properly notified restriction.
• A loyalty redeemer may not be required to accept inferior quality or to buy unrelated goods or services merely to redeem.
• If a periodic membership fee is charged, no monetary administration, processing, or handling fee may be imposed on the loyalty transaction where prohibited by section 35.
• A partial or complete redemption restriction period must receive at least 20 business days' written notice and the combined restriction periods may not exceed the statutory limit of 90 days in a calendar year.
• If the advertised redemption item cannot be supplied, any comparable substitute must comply with the statutory conditions and may not cost more consideration than the advertised loyalty price.

12. Points, rewards, tiers, and value

The programme configuration and member terms must agree on the earning rate, rounding, eligibility, exclusions, vesting, pending period, maximums, participating locations, reward inventory, redemption price, partial redemption, combinations, tier calculation, and benefit availability. Receipts and displays must distinguish provisional, pending, available, reserved, consumed, reversed, expired, and corrected value. The system preserves the rule version and sale or adjustment evidence used for every material calculation.

Points or rewards may not be represented as cash, a deposit, gift card, prepaid voucher, regulated financial product, transferable property, or guaranteed asset unless the approved legal and accounting classification and final terms support that representation. If a consumer gives consideration in exchange for prepaid value, the programme owner must assess and comply with section 63 of the Consumer Protection Act and may not use a label or expiry term to avoid applicable unredeemed-value protection.

13. Returns, reversals, debt, and corrections

A refund, return, chargeback, failed payment, duplicate event, fraud finding, or data error may reverse or correct only the related earning or redemption under the disclosed rules. The original event and the correction remain auditable. Where a prior redemption means the related points are no longer available, any points debt, future offset, account restriction, or alternative recovery must be authorised by the member terms, proportionate, explained to the member, and open to dispute. A correction may not silently create a monetary debt or confiscate unrelated accrued value.

14. Expiry, changes, and programme closure

Any points expiry, inactivity rule, tier downgrade, blackout period, change, suspension, or closure must be lawful, objectively defined, clearly disclosed before it applies, and implemented consistently. A material prospective change requires reasonable direct notice and fresh acceptance where the nature of the change or law requires it. No change may retrospectively defeat a statutory right, a completed redemption, or an accrued commitment contrary to law. Closure requires a fair wind-down and reasonable opportunity to use available value, subject to lawful fraud controls and the value's legal classification.

15. Profiling and automated decisions

Segmentation, personalisation, tiering, recommendation, and fraud outputs must use approved purposes, accurate data, appropriate safeguards, and explainable criteria. A decision that has legal consequences or affects a person to a substantial degree may not be based solely on automated processing unless a section 71 POPIA exception applies and suitable measures protect the person's legitimate interests, including an opportunity to make representations and obtain human review.

16. Children and vulnerable persons

A programme directed to children or processing a child's personal information remains blocked until the responsible party documents an applicable section 35 POPIA justification or Regulator authorisation, competent-person authority where required, age-appropriate notice, data minimisation, marketing restrictions, and safeguards against exploitation or unfair profiling. Date of birth may not be collected merely for convenience or promotions without a documented necessary purpose and lawful route.

17. Providers, transfers, and security

Only approved providers in the vendor and subprocessor records may receive campaign or loyalty information. Written operator terms, processing purpose, data categories, location, onward transfer, section 72 POPIA safeguards, security, incident assistance, retention, complaint and bounce handling, suppression synchronisation, deletion, audit, and exit evidence must remain current. Customer-selected providers remain subject to the documented responsibility boundary and may not bypass Bibeno's authoritative eligibility, acceptance, or suppression decision.

18. Evidence and retention

The customer and Bibeno preserve the records allocated to them for collection notice, lawful basis, consent, terms presentation, acceptance, programme rules, transactions, registry registration and cleansing, audience selection, suppression, content approval, send and delivery, opt-out, complaint, reward, correction, provider, transfer, and closure. Records follow the approved retention and deletion schedule, are protected against silent alteration, and remain subject to legal holds. Suppression evidence is minimised and retained only for the period reasonably required to prevent unlawful re-contact and prove compliance.

19. Complaints, corrections, and regulator cooperation

A member or recipient must have a practical route to request a balance explanation, correction, opt-out, privacy action, or complaint. The programme owner remains responsible for the consumer decision and response, while Bibeno supplies the platform evidence and correction tools allocated to it. Suspected unlawful marketing or loyalty treatment must be stopped, affected evidence preserved, related records corrected, and any required notification or cooperation provided to the Information Regulator, National Consumer Commission, Consumer Goods and Services Ombud or other competent body.

20. Suspension and exit

Bibeno may block a send, enrolment, earning, redemption, or affected feature where required evidence is absent, a legal gate is closed, a suppression or value-integrity control fails, or continued processing presents material legal, consumer, privacy, fraud, or security risk. The least disruptive safe restriction should be used. Export, correction, suppression, complaint handling, evidence preservation, and fair programme wind-down remain available as required by law and the applicable agreement.