79.6.3.Section 187.8 of the Act does not apply to the stipulation of a contract relating to a loyalty program that provides for the expiry of exchange units where all of the following conditions are met:
(a) the stipulation provides the expiry in case of inactivity of the consumer, that is, that no exchange unit has been received or exchanged over a given period;
(b) the stipulation provides the expiry in case of inactivity for a period that is not less than 1 year;
(c) the loyalty program merchant sends a notice of inactivity to the consumer exclusively on the fact that the inactivity will result in the expiry of the consumer’s exchange units and specifying the date of expiry, where applicable;
(d) the notice of inactivity is sent to the consumer at least 30 days, but not more than 60 days before the date of expiry of the exchange units.