LATAM FIDELIDADE PROGRAM RULES

THE LATAM FIDELIDADE PROGRAM ("Program"), developed by TAM LINHAS AÉREAS S.A. ("TAM") registered in the CPNJ [Cadastro Nacional de Pessoas Jurídicas (National Register of Legal Entities)] under No. 02.012.862/0001-60, seeks to encourage the use of its air transportation services by the Customer ("Customer").

1. General Terms:

1.1. All private individuals who are older than 02 (two) years of age and have registered with TAM and Multiplus, may participate in this Program, as set forth in this Regulation, for the LATAM Fidelidade ("Card") and/or the LATAM Fidelidade Credit Card ("Credit Card"), hereinafter Customer(s), considering that participation in the Program will depend on their full and unrestricted agreement with the terms of this Regulation.

1.1.1. If Customer is a minor between 16 and 18 years of age or a minor under 16 years of age, according to the terms of Brazilian civil legislation, latter declares that registration for use of the Program, and consequently acceptance of this Regulation, was undertaken together with Customer’s parents or guardian, as assistants or representatives, and, depending on the case, Customer’s parents or guardian will henceforth be responsible for Customer’s actions in use of the Program, in the event of any illicit conduct, as per applicable civil law.

1.2. Customer is responsible for knowledge of this Regulation and for the information provided to TAM, and Customer should keep registration data up to date, especially email, address and contact phone number.

1.3. To join the Program, Customer may register via the website, www.tamfidelidade.com.br or via Multiplus site:www.pontosmultiplus.com.br, or by any other means that TAM may disclose. Only one registration per Customer is allowed.

1.3.1.  The Program user number will be the customer's CPF [Cadastro de Pessoa Física (Social Security Number)]. Customers that do not have a CPF (foreigners and underage customers) will be given a 12 digit user number. This number will be given at registration.

1.4. Change in Customer registration and/or issue of a new password can be performed only by Customer, by submitting the necessary documentation to TAM, any time, upon request through the call center provided by TAM or via the Website.

1.5. Upon using their TAM Itaucard Credit Card to accumulate Points ("Points") necessary to enjoy the Program benefits, the Customer will be accepting all the regulations and conditions stated in these Rules.

1.5.1. To demonstrate the validity of acceptance of this document by the Customer, as well as demonstration of their willingness in this sense, TAM will store log records of their acceptance, upon registration.

1.5.2. In the case of any disagreement, total or partial, with the terms of these Rules, the Customer should abstain from completing registration on any TAM or LATAM portal.

1.6. The Points, reward tickets and Cards are property of TAM and these may only be used in compliance with the provisions of this Regulation.

1.7. It is expressly prohibited for the Customer to sell any kind of the benefits, advantages or reward tickets obtained through this Program, including, but not limited to purchases, sales, assignment, donation or exchange of Points. Proof of such practices will result in immediate exclusion of the Customer from the Program and the cancellation of latter’s Points, as well as application of due legal measures, without any compensation owed to Customer as a result of this exclusion.

1.8. Points obtained as per this Regulation are personal and non-transferable, their transfer to third parties, or assignment, including by succession or inheritance is prohibited, such that, in case of death of the Customer owner of the Program, the account will be closed and the existing points and reward tickets issued will be canceled.

1.8.1. TAM reserves the right to exclude the Customer from the Program and cancel their Points, regardless whether applicable legal measures are taken, at the time there is duly proven knowledge of irregular conduct, falsehood or bad faith employed by the Customer in the use or obtaining of Program benefits, and can also impede their later return to the Program, without restriction.

1.9. TAM reserves the right to temporarily suspend, at any time and through prior communication to the Customer, 90 (ninety) days in advance of such suspension, the use of reward tickets or redemption of points.

1.10. TAM may cancel or change the Program, as well as perform any change to this Regulation, at any time and through prior communication to the Customer.

1.11. If these rules are not complied with in part or in their totality, for any legal reason or per official regulation of the countries where TAM or companies authorized by it operate, TAM and the companies authorized by it are exempt from responsibility.

1.12 Customers can accumulate and/or redeem points from the LATAM Fidelidade Program and distinctive points (Bonus Points) on flights performed by partner airlines, including the members of the oneworld global alliance. The accumulation and/or redemption of points is conditioned on the existence of an established individual partnership agreement between TAM and these companies. Information regarding the partnerships can be found on the Website and within the TAM service channels. The Points, in these cases, will be granted by TAM to Customers in accord with the established partnerships between TAM and the referenced companies.

1.13 Customers can accumulate and/or redeem points and also distinctive points ("Bonus Points") from the TAM Fidelidade Program on flights operated by TAM or by the companies TAM Airlines, LAN Airlines, LAN Peru, LAN Argentina, LAN Ecuador and LAN Colombia, and the accumulation and/or redemption of points is based on the existence of individual partnership agreements entered into by TAM and these companies. Information regarding the partnerships can be found on the Website and within the TAM service channels. The Points, in these cases, will be granted by TAM to Customers in accordance with the established partnerships between TAM and the aforementioned companies.

1.14 Points obtained by Customers, in accordance with this Regulation, will be computed for use not only in the LATAM Fidelidade Program, but also on the Multiplus Fidelidade loyalty program. For additional information regarding Multiplus, Customers should consult the respective Rules on the website www.multiplusfidelidade.com.br.

1.15 Customer TAM Fidelidade membership results in automatic Multiplus membership.

2. How to Earn Points:

2.1. Points per flight: considering the origin and final destination on a specific flown segment, account holding Customers, duly registered in the Program as stipulated in this Regulation, will earn Points which will vary according to the fare effectively paid and the category of their Cards, as per the regulations and information available to Customers at the time of ticket acquisition and on the Website.

2.1.1. Points for flights are personal and non-transferable, and for this reason will be awarded exclusively to the Customers themselves who effectively completed the flight and presented their Card at the time of Check-in or already have reported the Card number when completing the flight reservation with TAM, observing that the Program will not benefit the payer of the airfare, but always the traveler, holder of the airfare.

2.1.2. Program Points will be awarded through regular TAM flights and those of other airlines that have entered into partner agreements with TAM, which are listed on the Website.

2.1.3. Codeshare flights with TAM or with TAM partner airlines, operated on aircraft belonging to other airlines, will not be valid for Program Points, except in exceptional cases which are previously disclosed by TAM and advised to the Customers when they acquire their airfares.

2.1.4. The partnership agreements may be altered or canceled, at any time, though prior communication to the Customers, who are responsible to consult the communication channels made available by TAM and by the other partner companies to be be aware of such changes.

2.2. For all tickets purchased starting April 30, 2016, Multiplus rules for points accumulated via TAM and LAN* flights will be based on the following rules:

2.2.1.Accumulation – For TAM domestic flights, in Brazilian territory, the Multiplus points accumulation amount will be based on the paid fare value ("Fare") and the segment flown by the Member. Point accumulation will be determined by fare: (i) Basic fare – 2 points per each Real spent, (II) Fares:  Flex, Top and Relax, 3 points per each real spent. Information available on the purchase chart and on the company's site.  For purchases made on other currencies, those will be converted to dollars and then, to Real, so the point calculation will be based on the fare paid, according to explanation above. Conversion to Real will be under the official currency exchange rate of the date of purchase (if debit) and of the statement date (if purchased on credit card).

For customers of Categories: Black Signature, Black, Platinum and Gold, there will be a minimum of 500 points for TAM Domestic flights in Brazilian territory.

2.2.2. Accumulation - For international TAM and LAN flights the amount of Multiplus POINTS to accumulate will be based on segment, not counting connections, and it may vary due to fare value, member country of residence and their category type, according to rules and information available to the Customer when purchasing the ticket, according to chart available on the purchase flow and site, which can change due to items provided on this clause.

As such, the member's country of residence must be properly updated on the Program's registration. For customers of Categories: Black Signature, Black, Platinum and Gold, there will be 5 thousand points for flights between Brazil and the US.

2.3. The release of Points in the Customer Multiplus account for trips completed on TAM flights will occur within a period of 7 business days counting from the date of the flight, as long as the Customer has obeyed the procedures instituted in this Regulation. The period now established may be extended in order for validation to be completed by TAM.

2.4. Points for use of the TAM Itaucard Credit Card: after payment of costs resulting from purchases of goods, products or services, and in some cases, the annual fee for the Credit Card, and based on information validly transmitted by the administrator of the referenced Credit Card, TAM will release the Points obtained on the period by the Customer. The date for Points will be the date of payment closing by the Credit Card administrator. Costs from payment of financing of any nature will not count for Points. Points resulting from costs on the Additional Credit Card will be attributed to the account holder of the referenced Credit Card.

2.4.1. TAM is not directly, indirectly, subsidiarily or jointly responsible for the approval of requests for Credit Cards by Customers, each respective Credit Card administrator is exclusively liable for the analysis and approval of the applications submitted by the Customers.

2.5. Points for product purchases from TAM VIAGENS: through the partnership entered into by TAM and TAM VIAGENS, the Customer may receive Program Points in the purchase of complete tourist packages and other products offered by TAM VIAGENS. TAM is not responsible for, directly, indirectly, as an affiliate or jointly for the services or products offered by TAM VIAGENS.

2.5.1. It is up to TAM VIAGENS to provide all information and clarifications regarding the partnership with its Customers, especially related to deadlines for Points, terms for transfer of points acquired in connection with TAM VIAGENS, and the equivalent amount in products or services with LATAM Fidelidade Program Points.

2.6. When presenting themselves at Check-in for TAM and LAN flights, the Customer is required to present the physical or virtual Card using the TAM Airlines app, or report their LATAM Fidelidade registration number, or their CPF to record respective Points, under penalty of loss of eligibility for them.

2.6.1. For control and/or request for analysis for manual registration for Points, the Customer should maintain in their possession a copy of the airline ticket and the respective boarding passes, and payment documentation for Credit Card statements. These documents are required to be presented for complaints about any Program advantage or benefit. In the event of Points not having been released or registered in the Program, or if there is disagreement, the Customer should forward copies of the aforementioned documents to TAM within 6 (six) months from the date of the flight, for analysis of their request. If this period expires without any declaration expressed, the right to Points will be lost.

2.7. Points are cumulative in Customers’ Multiplus accounts, and it is at the exclusive discretion of TAM to add special promotions for defined periods, during the course of the Program, as much for accumulation as to complete redemption of reward airfares, observing that the aforementioned promotions will be disclosed via the TAM site, as well as in email marketing campaigns and, depending on the case, in the media in general.

2.8. Airline tickets that will not receive points: those issued under a specific promotional or reduced rate; as a result of specific sales, trade financing, or legal agreements; on non-regular flights; courtesy tickets; from other airlines, without the due endorsement of TAM; on flights offered by companies which do not have a loyalty program partner agreement with TAM; from employees and/or third parties in travel services to be provided by TAM, or from companies connected or affiliated, and in other cases determined by TAM.

2.9. TAM reserves the right to cancel the Points originated from airline tickets considered irregular, as well as to suspend the redemption of Points for defaulted Customers or with some other type of regularity with TAM.

3. Point Redemption:

3.1. Points obtained by the Customer as per this Regulation will be released automatically in Customers’ Multiplus accounts and may be redeemed by Customers as follows: (i) issue of reward airfares to be used on regular TAM flights or on partner airlines, (ii) perform a class of service upgrade when the ticket was purchased for full fare, or on fares determined by TAM, and (iii) to issue payment of administrative fees related exclusively to the Program, as per item 3.9, not permitting the use of points for payment of airport fees or any other government fees. TAM may, at any time, launch new reasons for redemption of Points.

3.1.1. Reward airfares can only be issued in TAM and/or LATAM stores, in the Sales Center or through the Multiplus platform accessible on the website www.pontosmultiplus.com.br ("Multiplus Site").

3.2. Redemption should be done by using a personal password. The password registered by the Customer is personal, non-transferable and exclusive and should not be shared, in any form. The password and member personal information may be changed any time by the Customer according to the instructions in Multiplus. Redemption will happen with the minimum points needed to issue a reward ticket, according to the Program's media outlets.

3.2.1. At the time of redemption, the insertion of an authorization code may be requested, to be sent to the Customer’s telephone number registered with Multiplus. The Customer agrees to keep their contact phone numbers, address (with country of residence) and email duly up to date, as well as to maintain the authorization code received under strict secrecy, not disclosing, supplying or sharing, by any means or form.

3.2.2. Customers are liable for all actions undertaken with the use of their personal passwords and the authorization codes, which includes liability for damages arising from undue use by third parties, exempting TAM from liability for any undue use of passwords.

3.3. For issue of an reward airfare in favor of the CARD and/or CREDIT CARD owner it is required that the points have been released in favor of the Customer, and that even being well within the validity period, which is, the period of 2 (two) years from the date of occurrence of the oldest Point event.

3.3.1. The aforementioned clauses, that provide rules to issue reward tickets, are also applicable in the event of reward ticket issue by the Customer for a third party.

3.3.2. Customer will consult TAM or Multiplus through its communications channels in order to monitor their points balances, and to obtain other information pertaining to this Program.

3.4. With applicable advance notice, the Customer should complete and confirm their reservation on the TAM flight of their interest, where it is required to advise that they will use Points from this Program and to indicate the date and time of the flight and their choice of class on the aircraft. The reservation will be completed exclusively in the specific reservation classes for this type of use, and are conditioned on the number of points available in the Customer’s Multiplus account for issue and/or availability of seating on the flight and date selected, thus, if the Customer does not have sufficient balance for issue or the class of reservation for reward airfare use is not available on the flight selected by the Customer, the reservation cannot be completed, even if there is a place available in other reservation classes. Once reserved, issue of the reward ticket will be immediate.

3.4.1 As of June 1, 2013, destinations operated by TAM will be available for redemption 365 days in advance of the flight date.

3.5. Customer acknowledges that the Points necessary to obtain advantages from this Program may vary due to several factors, such as: segments, numbers of available connections in the selected segment, flights, dates, aircraft, classes of service, fares, low and high season periods, the sales channels they choose, among others, so it is up to Customers to obtain information in advance via the communication channels available from TAM regarding the Point lists, as per clause 3.5.2 below.

3.5.1. TAM is making three types of profiles available for redemption of reward tickets on TAM flights, which are: PROMO, CLÁSSICO and IRRESTRITO, for which specific regulations for each profile are available in the TAM communication channels, and on the Multiplus Website.

3.5.2. The Point lists needed for obtaining advantages and benefits from this Program and launch of promotions which involve the Program will be disclosed by TAM to the participants via its Website, via the Multiplus Website, though correspondence, commercials or through other means of communication which TAM and Multiplus make available, and those may change in the course of the Program, though prior communication to the Customer 90 (ninety) days in advance, except when related to promotional lists.

3.6. Both for redemption of Points earned for flights operated by TAM itself, as well as for trips operated by other TAM partner airlines, the Customers may issue the airfare destination segments only, return segments only, or both.

3.7. The Customer may pay for the ticket in one class and board in the class immediately above through redemption of their Points. As such, the original ticket should be purchased, through the proper TAM form, for the full fare amount, or on fares determined by TAM, which still require specific Points, depending on the terms of the segment, the available fee class and date, selected for the trip.

3.8. Within their validity period, reward tickets will allow: (i) segment substitution, for the flight and date based on payment of applicable administrative fee for the selected redemption profile, to be paid by the Customer when the new airfare is issued; and (ii) cancellation of valid and unused airfares, with reimbursement of respective Points, as long as it is within a two year period, on the Customer’s Multiplus account, minus the applicable administrative fee for the selected redemption profile. For this purpose, Points used to obtain the ticket to be canceled should be within their validity dates, according to this Program.

3.9. In any case, the Points necessary to obtain advantages from this Program should be obtained by a single account holder, who will be the beneficiary of the reward tickets or a third party they indicate.

3.10. Customers will cover the cost of the airport tax, whose charge is determined by the local aviation authorities, and other official fees, taxes and charges of any nature that happen to be instituted by national or international authorities, as well as payment of additional amounts for corresponding performance of services through available channels by TAM for reward airfare issue.

4. Segments:

4.1. Domestic or national segment: understood as flights with origin and destination within Brazil, i.e. a flight departing from a Brazilian city and arriving in another Brazilian city counting only connections en route. A new Check-in at an airport en route, done so that this airport is considered a new origin, then, a new segment.

4.2. Regional segment or short haul: understood as flights with origin and destination within South America, except domestic or national segments, i.e. a flight departing one city and arriving in another city, both located in South America, regardless of connections en route. A new Check-in at an airport en route, done so that this airport is considered a new origin, then, a new segment.

4.3. International or long-haul segment: understood as flights with international origin and/or destination, except to other destinations in South America, a trip with departure from one country and arrival in another country, on the same calendar day or that arrives on the next day, depending on the the time of the flight. Check-ins are only allowed, without being considered a new segment, if (i) done on the same day of arrival of the flight in the foreign airport for connection, (ii) if there is need for a new Check-in on a segment with connection operated by LATAM, or (iii) if such Check-in was required by the government of the foreign country, only as customs procedure or immigration control. 

4.4. Cases which are not provided above will not be considered new segments/flights.

4.5. Reward-airfares issued from June 12, 2014, based on Point redemption for flights on domestic or national segments (Brazil), on regional or short haul segments (within South America) and on international or long haul segments (other countries, except Brazil and those located in South America) should be used by the maximum and non-extendable deadline of 365 (three hundred sixty five) days, from the issue date. The non-use of the ticket in the stipulated periods will result in expiration, and consequently loss of the respective Points. Tickets issued between June 1, 2013 and June 11, 2014 have a usage period of 360 days.

5. Card Categories:

5.1. There are 05 (five) categories for the TAM Fidelidade Card ("Card"), which are: LATAM, GOLD, PLATINUM, BLACK and BLACK SIGNATURE. TAM may, at any time, launch new Card categories, replacing or modifying the current ones, based on prior communication to the Customers.

5.1.1 It is hereby established, as part of TAM's membership in the oneworld global alliance of airline companies, that the BLACK SIGNATURE and BLACK categories will be matched to the "Emerald" category of oneworld, the PLATINUM category will be matched to the "Sapphire" category of oneworld, and the GOLD category will be matched to the "Ruby" category of oneworld.

5.2. 5.2. By April 29, 2016, to be promoted or to maintain the same CARD category, the CUSTOMER should have accumulated in the last 12 (twelve) months, counting from the evaluation date, at least, the following Point amounts exclusively on TAM or oneworld flights: (i) 15,000 Points for BLUE; (ii) 50,000 Points for RED; (iii) 100,000 Points for RED PLUS and (iv) 150,000 points accumulated only on TAM and LAN flights for BLACK.

5.2.1. 5.2.1. By April 29, 2016, if the Customer does not attain the Point amounts on the necessary flights to be promoted or to maintain the same CARD category, a second criteria for evaluation will be considered, the number of TAM and LAN segments (paid) completed over the last 12 (twelve) months, counting from the evaluation date, being at least: (i) 15 segments on TAM flights for BLUE; (ii) 50 segments on TAM flights for RED; (iii) 100 segments on TAM flights for RED PLUS and (iv) 125 segments on TAM flights for BLACK.

5.2.2. 5.2.2. Starting April 30, 2016, in order to get promoted or keep the same CARD level, the CUSTOMER must accumulate in the last 12 (twelve) calendar months, counted, at least, the following Points exclusively on TAM, LAN and oneworld flights: (i) 10,000 Points for GOLD; (ii) 40,000 Points for PLATINUM; (iii) 100,000 Points for BLACK and (iv) 150,000 points accumulated only on TAM and LAN flights for Black Signature.

5.2.4. 5.2.3. By January 1, 2014, if the Customer does not attain the Point amounts on the necessary flights for an upgrade or to maintain the same CARD category, a second criteria for evaluation will be considered, the number of TAM and LAN segments (paid) completed over the last 12 (twelve) months, counted from the evaluation date, being at least: (i) 10 segments on TAM flights for GOLD; (ii) 40 segments on TAM flights for PLATINUM; (iii) 100 segments on TAM flights for BLACK and (iv) 125 segments on TAM flights for Black SIGNATURE.

5.2.4. Starting April 30, 2016, if the customer does not reach the points needed on flights for an upgrade or to remain in the same CARD category, or does not reach the necessary segment numbers, a third evaluation criteria will be considered: the CUSTOMER must have accumulated in the 12 (twelve) months of the Calendar year, at least the following points exclusively on TAM, LAN or oneworld flights, plus the number of (paid) TAM and LAN segments flown, being those, at least: (i) 60,000 Points plus 6 segments in a TAM and LAN upgraded cabin (Premium Economy or Premium Business) for BLACK; and (ii) 120,000 Points plus 12 segments in a TAM and LAN upgraded cabin (Premium Economy or Premium Business) for BLACK SIGNATURE.

5.3 Starting January 1, 2017, the valid points for category changes shall be called Elite points. Therefore, for your points to go up or to remain in the elite category they will be separated from your Multiplus points accumulated in flights or with the Multiplus network store partnerships. To calculate your elite points accumulated in each flight, you need to multiply the distance in miles per the percentage of the fare chosen. Information available on the purchase chart and on the company's site. 

5.2.2. Starting April 30, 2016, in order to get promoted or keep the same CARD level, the CUSTOMER must accumulate in the last 12 (twelve) calendar months, counted, at least, the following Points exclusively on TAM, LAN and oneworld flights: (i) 10,000 Points for GOLD; (ii) 40,000 Points for PLATINUM; (iii) 100,000 Points for BLACK and (iv) 150,000 points accumulated only on TAM and LAN flights for Black Signature. 

5.2.3. By January 1, 2014, if the Customer does not attain the Point amounts on the necessary flights for an upgrade or to maintain the same CARD category, a second criteria for evaluation will be considered, the number of TAM and LAN segments (paid) completed over the last 12 (twelve) months, counted from the evaluation date, being at least: (i) 10 segments on TAM flights for GOLD; (ii) 40 segments on TAM flights for PLATINUM; (iii) 100 segments on TAM flights for BLACK and (iv) 125 segments on TAM flights for Black SIGNATURE.

Starting April 30, 2016, if the customer does not reach the points needed on flights for an upgrade or to remain in the same CARD category, or does not reach the necessary segment numbers, a third evaluation criteria will be considered: the CUSTOMER must have accumulated in the 12 (twelve) months of the Calendar year, at least the following points exclusively on TAM, LAN or oneworld flights, plus the number of (paid) TAM and LAN segments flown, being those, at least: (i) 60,000 Points plus 6 segments in a TAM and LAN upgraded cabin (Premium Economy or Premium Business) for BLACK; and (ii) 120,000 Points plus 12 segments in a TAM and LAN upgraded cabin (Premium Economy or Premium Business) for BLACK SIGNATURE.

*For Premium Economy we will consider flights longer than 1,000 miles departing from Brazil.

5.3.4 The above clauses, which establish the rules to be promoted or to remain in the same CARD category, are applicable only for clients that are residents of Brazil. For countries of residence other than Brazil, the applicable rules are available on the local company website, under the section of Loyalty program rules.

5.4. The Program may offer exclusive services for each Card category, which will be communicated to the Customers in materials distributed with new Cards, and at any other opportunities, whenever necessary.

5.5. TAM reserves the right to, based on business agreements, make LATAM Fidelidade Program Cards available to certain participants, with respect to previously negotiated business criteria.

5.6. Downgrade of categories may occur, which will always result in a higher category moving to the category immediately lower, according to evaluation made annually by TAM, considering Points accumulated during 01 (one) calendar year, between January 01 and December 31 ("Calendar Year").

5.6.1. Annually, in March, an evaluation for category renewal is performed, considering the Calendar Year. If the criteria described in clauses 5.2.1 and 5.2.2 have been reached by the Customer, the category will be renewed for 12 (twelve) more months, until March of the following year, at which date a new evaluation will be performed. If the criteria for Upgrade or Maintenance of category has not been achieved by the Customer, a Downgrade of category will occur.

5.7. Customers from LATAM and GOLD categories will have access to the Program's benefits: (i) via the member's number or; (ii) CPF number, or; (iii) by presenting the virtual card available on the TAM Airlines App or; (iv) via the site www.tam.com.br or; (v) via the Customer Service Line telephone 4002-5700 (capitals) and 0300 570 5700 (entire Brazil); as there is no way to print a card.

The GOLD, PLATINUM, BLACK and BLACK SIGNATURE categories will be valid until the month of March of the year subsequent to the year the category was first entered, i.e. the Customer may consider the year of entry into the Category and add 15 (fifteen) months.

6. Program Validity:

6.1. By accepting this Regulation, Customers freely and willingly consent to the collection, use, storage, processing and exclusion procedures pertaining to their data, under the exact terms outlined below.

6.2. TAM will collect all the data supplied by Customers when they register for the Program, such as, but not limited to: name, address, telephone number, email address, as well as any other data provided by Customers when they register for the Program and during its use.

6.3. TAM may also access other Program-related data about Customers, such as data provided by credit card operators and partner airlines, for the purposes of calculating the points in Customers’ accounts.

6.4 The data collected will be used by TAM to provide services through the Program, as well as to operate, maintain, provide and improve the Program and other services provided by TAM. Furthermore, TAM may use the data collected for advertising purposes, to which Customer hereby agrees and authorizes.

6.5. The User may express their interest in not receiving newsletters and other marketing materials sent by TAM at any time, just click on the unsubscribe link in the newsletter.

6.5. Thus, by this Regulation, User provides free and willing consent that data collected may be shared, used and stored by third parties, in the following cases: (i) necessity to share data with partner companies, such as Multiplus, credit card operators and airlines, for the purpose of calculating Customer’s Program Points; (ii) for the protection of TAM’s interests in the event of any disputes; (iii) in the event of transactions and modification in the articles of incorporation involving TAM, whereupon the transfer of the data will be necessary for ensuring continuity of the services; and (iv) upon court subpoena or order from government authorities with the legal jurisdiction to requisition these data.

6.6. Upon request from Customers, their registration data may be erased by TAM. Requests of this nature will, however, result in the end of Customers’ participation in the Program, and the exclusion of their points, without any compensation owed to the respective Customers. Furthermore, after exclusion, TAM will store the data collected for the mandatory storage timeframe stipulated by Brazilian legislation.

7. Program Validity:

7.1. The Program will remain valid indefinitely, and can be changed at TAM's discretion, based on prior communication to Customers. In case of changes, Points released to the account holder of the Card and/or Credit Card, reward tickets already issued, as well as reward tickets issued in their names or in the names of persons they indicate, while these rules are in force, will remain valid for the respective periods indicated in this Regulation.

7.2. This Regulation will be governed and interpreted according to Brazilian law.

7.3. Air Travel resulting from use of the reward airfare or redemption of Points is governed by the Brazilian Aeronautical Code (Law No. 7.565/86), by the Montreal Convention (Decree No. 5.910/06), by the Ordinances and Resolutions of the National Civil Aviation Agency and other applicable legislation.

7.4. These Rules are duly registered in the 1st Oficio de Registro de Títulos e Documentos da Cidade de São Paulo [1st Official Title and Document Registry of the City of São Paulo], replacing or canceling previous records.