ELEMENTS x Visa – Instant Earn Rewards

Unless otherwise defined herein, capitalized terms in this Terms and Conditions of Linked Visa Cards for Instant Earn (hereinafter called the “Terms and Conditions”) shall have the meanings ascribed to them in the ELEMENTS CLUB Programme Terms and Conditions (hereinafter called the “ELEMENTS CLUB Terms and Conditions”):

1. The “Linked Visa Cards for Instant Earn” (hereinafter referred to as “Service”) is only available to Members of the ELEMENTS CLUB, who must be holders of an Eligible Visa Card. “Eligible Visa Card” means any Asia Pacific-issued Visa credit, debit and prepaid card. “Visa” means Visa Worldwide Pte. Limited and its Affiliates. "Affiliates" means Visa Inc., and its respective direct and indirect subsidiaries.

2. A Member may enroll for the Service by binding an Eligible Visa Card bearing his/her name to his/her Membership account via the ELEMENTS APP. The Service will allow ELEMENTS POINTS for each eligible transaction effected by the Member with the registered Eligible Visa Card at a Participating Merchant (which may be subject to change from time to time without prior notice) (hereinafter referred to as “Eligible Merchant”) to be automatically credited to his/her Membership account. For eligible transaction, please refer to Clause 4 of the ELEMENTS CLUB Terms and Conditions.

3. When using the Service to earn ELEMENTS POINTS at Eligible Merchants, a minimum spend of HK$100 is required per eligible transaction, and the maximum spend is capped at HK$200,000. To register receipts in excess of HK$200,000, a Member must visit the ELEMENTS CLUB Concierge in person.

4. Deposits on merchandise and dining or instalment transactions are NOT accepted.

5. The list of Visa payment accepting merchants will be updated from time to time. Eligible Visa Cardholders may check with merchant(s) for the latest status of Visa payment acceptance. Please refer to ELEMENTS App for the latest list of Eligible Merchants.

6. The printed receipt and corresponding payment slip for a particular transaction cannot be utilized for ELEMENTS POINTS registration again and participate other promotion through any means, including but not limited to the Service, approach the ELEMENTS CLUB Concierge in person or upload receipts via ELEMENTS APP.

7. Members who enroll for the Service agree to be bound by these Terms and Conditions and the Linked Visa Card for Instant Earn – Personal Data (Privacy) Disclosure Statement in addition to the ELEMENTS CLUB Terms and Conditions. Members who at any time no longer wish to use the Service may unenroll from the Service by removing the registered Eligible Visa Card on the ELEMENTS APP under the page “Instant Earn”. In case of enquiries regarding the Personal Data (Privacy) Disclosure Statement, Members should consult Visa direct.

8. ELEMENTS and/or Eligible Merchants have the right to exclude the Service from being made available for specific Members and/or transactions from time to time at their sole and absolute discretion.

9. The time required for earning or returning ELEMENTS POINTS depends on the practice of the issuing organizations of the credit cards; ELEMENTS does not warrant the timeliness or accuracy of the Service. By enrolling the Service, Members agree that neither ELEMENTS, Visa nor the Eligible Merchants are responsible for any errors, inaccuracies or delays in relation to the Service and/or the ELEMENTS POINTS credited to and/or displayed in the Membership account on the ELEMENTS APP. In case of enquiries, Members should consult Visa or Eligible Merchants them.

10. Member shall forthwith inform ELEMENTS of any transactions where ELEMENTS POINTS have been earned but such transaction is subsequently cancelled, refunded or reversed for whatever reasons. In such circumstances, or if Member fails to inform ELEMENTS but it has come to the knowledge of ELEMENTS of those cancelled, refunded or reversed transaction(s), ELEMENTS shall be entitled to cancel or deduct the ELEMENTS POINTS earned from the said transaction(s) from the Member’s account (including any bonus ELEMENTS POINTS earned from the said transaction(s) during any promotion event as may be in place from time to time).

11. ELEMENTS is entitled to cancel or deduct the ELEMENTS POINTS of any Member if such ELEMENTS POINTS were credited to the Member’s account incorrectly, or not in accordance with, or in breach of, these Terms and Conditions or the ELEMENTS CLUB Terms and Conditions, at any time, with or without notice to a Member.

12. ELEMENTS, Visa and/or Eligible Merchants shall not be liable to Members for any direct, indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with the Service and withdrawal of the provision of the Service. Such exclusion of liability applies whether the loss, damage or expense is caused by negligence or otherwise, and whether ELEMENTS, Visa, and/or Eligible Merchants have any control over the circumstances giving rise to the claim or not.

13. ELEMENTS reserves the right to amend the terms and conditions at any time without prior notice.

14. If there are discrepancies between the English and Chinese versions of the terms and conditions, the English version shall prevail.

Linked Visa Cards for Instant Earn – Privacy Policy (“Privacy Policy”)

I agree, accept and consent that:

(a) If absolutely required by Visa to deliver its services herein and provided it is lawful, MTR Corporation Limited and/or ELEMENTS will collect, process and transfer my personal information to specified transferee in this Statement for the purpose of providing the Service.

(b) It is required to provide the required personal data in order for ELEMENTS to provide the Service provided the data required is not more than excessive.(c) MTR Corporation Limited and/or ELEMENTS may also collect my personal data. My personal data collected may be used and retained by ELEMENTS for the following purposes (as may be applicable from time to time):

• Processing my enrollment for the Service, including without limitation, identifying and verifying my identity and/or as a Member of the ELEMENTS CLUB or as bearer of the Eligible Visa Card;

• Identifying and linking my Eligible Visa Card with my Membership account to facilitate the provision of the points / rewards of the Service to me;

• Validating a transaction made by me with my registered Eligible Visa Card to assess whether I am eligible for any points / rewards under the Service;

• Creating a historical transaction record in connection with my transaction(s);

• For daily operation, maintenance and administration of my Membership;

• Providing agreed messaging to me and/or notifying me when qualifying activity has occurred or when points / rewards have been credited or provided to my ELEMENTS CLUB account;

• handling and following up service calls, enquiries and complaints;

• Data analytics, profiling, information management and database administration;

• Improving the ELEMENTS CLUB and the Service;

• Meeting the requirements to make disclosure to any governmental authority in Hong Kong under the requirements of any law binding on MTR Corporation;

• Other purposes ancillary or related to the above.

(d) ELEMENTS CLUB may share the last 4 digits of my registered Eligible Visa Card number and ELEMENTS CLUB membership number with Visa for the purpose of verifying the eligibility of the transactions with transaction information including but not limited to transaction date, transaction time, transaction amount, ELEMENTS CLUB membership number, last 4 digits of the registered Eligible Visa Card number, and the name of the Eligible Merchants that the transactions were made, for processing my ELEMENTS POINTS earning from the transactions made at the Eligible Merchants with my registered Eligible Visa Card. Any data received by Visa will be processed in accordance with the Visa Global Privacy Notice (EN: https://usa.visa.com/legal.html) (CH: Visa 全 球 私 隱 通 知 https://www.visa.com.hk/zh_HK/legal/global-privacy-notice.html).

(e) My personal data passed to and/or collected by ELEMENTS CLUB will be governed by ELEMENTS CLUB’s Privacy Policy as stated on https://www.elementshk.com/eng/elementsclub/personal_information.

(f) I may at any time request access to and to correct personal data relating to you in any of our records. You may also ask us to delete you or your personal data from any active mailing or distribution list. To exercise any of your rights, contact us at the address, facsimile number or email below, marking your communication "Confidential". In response, we may ask you to provide certain details about yourself so that we can be sure you are the person to whom the data refers. We are required to respond to your requests within 40 days, but we may charge you a reasonable fee for doing so.

(g) I may (1) requests (i) for access to data or correction of data, (ii) for general information regarding our policies and practices with respect to personal data and (iii) about the kinds of personal data that we hold and (2) general questions and complaints should be addressed is as follows:

Personal Data Privacy Officer, Secretarial & Legal Department (Marked Confidential)

Address: MTR Headquarters Building, Telford Plaza, Kowloon Bay, Kowloon, Hong Kong

Email: PDPO@mtr.com.hk

(h) ELEMENTS CLUB has the right to amend the terms of this Statement without prior notice.