Regulations of the loyalty program "SPOKEY WORLD"
I. GENERAL PROVISIONS
- These Regulations, hereinafter referred to as “Regulatioms”, set out the principles for the functioning of the Loyalty Programme entitled "Spokey World", hereinafter referred to as ”Loyalty Programme or “Programme, the terms and conditions of participation in the Programme, the rules for awarding points to Programme Participants and the manner and conditions of converting these points into discounts that can be used, during their validity period, for subsequent purchases made in Spokey sp. z o.o.
- The Loyalty Programme is organised and managed by Spokey spółka z ograniczoną odpowiedzialnością, seated in at Al. Roździeńskiego 188c, 40-203 Katowice, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000142316, for which registration files are kept by the District Court of Katowice-Wschód in Katowice, with a share capital of 3,600,000 PLN, using NIP tax identification number 7311159686 and REGON statistical identification number 471323630, hereinafter also referred to as the “Organiser”.
- The Programme also covers Organiser's sales made exclusively within and through the following website: https://biznes.spokey.pl, including intra-Community deliveries and export sales made in connection with orders placed at the above mentioned website.
- The following discount periods are covered by the Loyalty Programme governed by these Regulations:
(a) December - February
(b) March - May;
(c) June - August;
(d) September - November
of a given year of the Programme validity, until the suspension or cancellation of the Programme, which are treated as closed three-month periods during which a Participant, in connection with the purchase of goods offered through this platform from the Organiser via https://biznes.spokey.pl, has the opportunity to collect discount points. Points collected during a given discount period may be used for subsequent purchases from the Organiser, in any case no later than on the last day of the month following the end of a discount period, subject to the Chapter VI, VII, Sect. 11 of the Regulations.
- Discount points collected in particular discount periods have a specific validity period, beyond which they are subject to automatic cancellation. Subject to the Chapters VI, VII, Sect. 11 of the Regulations, the Organiser has provided for the following periods of validity for a given discount period:
a) points awarded in relation to purchases made by a Participant during the discount period referred to in the Sect. 4a may be redeemed until 31st March, i.e. until the last day of the month following the end of the discount period;
b) points awarded in relation to purchases made by a Participant during the discount period referred to in the Sect. 4b may be redeemed until 30th June, i.e. until the last day of the month following the end of the discount period;
c) points awarded in relation to purchases made by a Participant during the discount period referred to in the Sect. 4c may be redeemed until 30th September, i.e. until the last day of the month following the end of the discount period;
(d) points awarded in relation to purchases made by a Participant during the discount period referred to in the Sect. 4d may be redeemed until 31st December, i.e. until the last day of the month following the end of the discount period;
- The Loyalty Programme, defined by these Regulations, is based on the principles of bonus offer sales, within the framework of which, in a given discount period and in connection with the purchase by a Participant, registered in the Programme from the Organiser via the website https://biznes.spokey.pl, of certain products offered in this distribution channel, a Participant will be awarded discount points referred to in the Sect. 4 and 5 (hereinafter “points”) after the application for participation in the Programme. On the basis of the number of points accumulated during a discount period and on the terms and conditions specified in these Regulations, a given Participant will be entitled to purchase from the Organiser, during the period of validity of the accumulated points, goods at a reduced price, i.e. with the application of a discount, the amount of which will be determined by the number of points accumulated during a discount period, subject to the limit referred to in the Chapter III, Sect. 5 of the Regulations.
- The bonus offer sales defined by these Regulations do not constitute a game of chance within the meaning of the Gambling Act of November 19, 2009 and are not subject to the provisions of this Act.
- Any adult natural person or legal entity, as well as any organisational unit without legal personality, may participate in the Programme, if they meet the participation conditions referred to in the Chapter II below. Organiser's employees cannot take part in the Programme.
II. CONDITIONS FOR JOINING THE PROGRAMME
- Only entities which, within the framework of their commercial and professional activity, regularly conclude agreements with the Organiser for the sale of goods offered by Spokey (Spokey's Clients, Clients) may participate in the Programme.
- The condition for joining the Programme is to apply for participation in the Programme, which can be done either when registering an account at https://biznes.spokey.pl or when using the Service, after logging in to it. The application is made by selecting/deselecting an appropriate field of participation in the Programme at https://biznes.spokey. pl in an individual customer panel or in the registration form (in the Service account registration procedure).
- If participation in the Programme on behalf of and for the benefit of Organiser's Client has been reported by a person entitled to represent that entrepreneur on a permanent basis in contacts with the Organiser, it is presumed that such a person is also entitled to accept these Regulations, join the Programme, conclude an agreement covering the purchase of goods at a discount resulting from the number of points accumulated by the Client and to collect them or indicate the place of delivery of such goods. If the above presumption is not based on the actual organisational relations existing for Organiser's Client, the responsibility for obtaining entrepreneur's consent in this respect lies with an applicant.
- By joining the Programme (thus registering participation in the Programme), an Applicant/Participant agrees to the processing of their data by the Organiser for the purposes related to the functioning and implementation of the Programme.
- Registration/notification of Participant's participation in the Programme confirms that they have read and accepted the terms of the Programme specified in these Regulations.
- Dany (tu chyba brakuje treści – tłum.)
- The right to a discount purchase of goods at a reduced price, in connection with the use of the points accumulated by a Participant, shall arise in accordance with the terms and conditions of the Programme, if by the date of a dsicount sale of goods
a Participant is not in arrears with performance of their due and payable financial obligations towards the Organiser.
III. RULES FOR AWARDING POINTS AND CONDITIONS FOR BONUS OFFER SALES
- For the purchase of products offered at https://biznes.spokey.pl in a given discount period, confirmed by a VAT invoice issued by the Organiser, a Participant will receive discount points.
- The points referred to in the Sect. 1 shall be accumulated according to the following conversion rate: 1 discount point deposited on Participant's programme account for each 1 PLN of net value of goods purchased by a Participant via https://biznes.spokey.pl in a given discount period.
- The points awarded to a Participant for individual purchases falling within a given discount period are summed up at Participant's Account.
- In case of return of goods by a Participant, resulting in correction of the VAT invoice referred to in the Sect. 1, the promotional points charged in connection with such
a sale are subject to cancellation, and if cancellation of these points becomes impossible due to the fact that a Participant has already used them by making subsequent purchases from the Organiser and obtaining a price reduction based on them, a Participant shall be obliged to pay the Organiser the price difference by which the price of goods sold using the points that should be cancelled was unduly reduced.
- A Participant who has a certain number of points accumulated on their Programme participation account under the terms of these Regulations may, during the period of their validity and taking into account the provisions of the Sect. 11.6 and 11.7 of these Regulations, by making subsequent purchases through the https://biznes.spokey.pl website, obtain, on the basis of these points, an applied discount in the selling price, according to the following conversion rate: each 100 points accumulated reduce the price of the purchased goods by the net amount discount of 1 PLN. The maximum discount for using the points accumulated on Participant's account cannot exceed 20% of the net value of a given order (percentage limit).
- Information about the number of points available for use when placing a new order is displayed in Organiser's sales website during the process of placing a new order (in the basket). Moreover, a Participant can check the amount of points accumulated on their account after logging in to the Website.
- The Organiser has the right to block the possibility of applying the discount based on the points accumulated by a Participant in case they have overdue liabilities to the Organiser. Blocking the use of points does not affect postponement of validity of the collected points.
- After a sale with use of Participant's points accumulated on their account in the Programme a sum of Participant's points on their account will be reduced by the redeemed number of points used in connection with purchases, for which a price reduction based on these points was applied.
- Points accumulated on Participant's programme account are not exchangeable for cash or other means of payment.
- A Participant is charged with all public and legal liabilities arising from participation in the Programme in accordance with the applicable laws.
VI .EXPIRY OF POINTS
- Unless otherwise specified, the points of the Loyalty Programme expire on the date specified in the Chapter I, Sect. 5, subject to the Chapter VI and VII, Sect. 11, if they were not redeemed at that time in connection with performance of the contract to which the relevant number of points has been attached. Points whose validity period has expired are subject to removal from Participant's account.
- If in a given discount period a Participant will not be awarded new points due to failure to make purchases from the Organiser or if during the period of validity of the collected points a Participant has not exercised the right to a special price discount (rebate) under the conditions specified in the Regulations, or could not exercise this right due to delays in payment for goods purchased from the Organiser, the Organiser reserves the right to close the account, including all subaccounts of that Participant connected with the Programme, after the end of the promotional period or after the expiry of validity of the points. Upon closing the account and subaccounts of
a Participant all the points accumulated on it expire and a Participant is not entitled to any claim related to previously accumulated points (including in particular a claim for the sale of selected products at a reduced price or for payment of the equivalent of the collected points, etc.). The above also applies to violations by a Participant of the rules set out in the Regulations.
- The Organiser shall not be liable for any damage which a Participant might possibly suffer due to temporary or permanent lack of certain goods in Organiser's trade offer during a discount period.
- Complaints concerning goods purchased from the Organiser shall be reported and processed according to the rules separately specified between the Organiser and
a given Participant.
VI. END OF THE SPOKEY WORLD PROGRAMME
The Organiser may suspend or terminate the Loyalty Programme at any time. The Programme Participants will be immediately informed about such a decision of the Organiser at least 30 days before suspension or termination of the Programme. This piece of information may be provided via Organiser's sales website https://biznes.spokey.pl, in advertising materials or via an e-mail provided during the registration process in the Website. When the Organiser announces in this way the decision to terminate or suspend the Programme, Participants who will be entitled to unused points on that date will be able to use them with any purchases made with the Organiser through https://biznes.spokey.pl until the last day of the deadline specified in the notice of termination/suspension of the Programme, on the terms specified in the Chapter of the Regulations, unless the validity period of certain points is shorter. After the expiry of this deadline/validity period all unused points will expire and Participants who have not exercised the rights provided for in these Regulations will not be entitled to any claims in relation to previously collected points.
VII. PERSONAL DATA
- By joining the Programme, a Participant (including the Applicant to the Programme) agrees to have their personal data processed by the Organiser for the purposes related to functioning of the Programme.
- Processing of personal data shall be carried out in accordance with the applicable law, including the provisions and requirements of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing the Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as the GDPR.
- The administrator of Participants' data is the Organiser of the Programme, Spokey sp. z o.o. with its registered office in Katowice, whose data is indicated in the Chapter I, Sect. 2 of the Regulations (hereinafter also referred to as ADO or Administrator).
- A participant may contact the Administrator with regard to the data concerning them by submitting a request to the following e-mail address: email@example.com (Administrator's contact details).
- Participants' personal data regarding name, surname, e-mail address, telephone, IP address, address of residence/seat, mailing address, delivery address, bank account number or NIP are processed for the following purposes:
a/ to create and maintain an account in the Website/Programme, including enabling
a Participant to exercise the rights set out in the Programme Regulations, pursuant to the Article 6(1)(a) of GDPR,
b/ to perform the contract to which a Participant is a party or to take action at their request before concluding the contract, pursuant to the Article 6(1)(b) of GDPR,
c/ confirmation of acceptance of the order and fulfilment of other legal obligations incumbent on the Administrator, including keeping books of account and tax records, pursuant to the Article 6(1)(c) of the GDPR,
d/ to pursue claims arising from a contract or business activity which constitutes a legitimate interest in the processing of data by the ADO, pursuant to the Article 6(1)(f) of GDPR,
e/ if personal data are made available in order to receive commercial information, including ordering the Newsletter, to realize Administrator's legitimate interest in conducting direct marketing of their own products or services by e-mail or telephone, based on the consent of the authorised person, pursuant to the Article 6(1)(f) of GDPR.
- The provision of data in order to perform the contract is a legal requirement and an essential condition for the conclusion of the contract and its performance by the ADO. Providing personal data in order to fulfil Administrator's legitimate interest in direct marketing of Administrator's products or services is voluntary. Providing data in order to create and maintain an account in the Website/Programme is voluntary, though necessary for this purpose. Failure to provide the data will make it impossible to create an account or exercise the rights provided for in these Regulations.
- The recipients of Participants' personal data shall be entities related to the Administrator, including employees, associates and persons providing services to the Administrator and related entities to whom the Administrator will entrust data processing or who will be authorised to process them, in particular persons supporting the Administrator in running their sales services, in the provision of ICT infrastructure, in the performance of a contract for the sale of goods, contracts for the provision of digital content, including in the scope of IT services, transport services and payment operations, etc.
- The Administrator does not intend to transfer the data to a third country or international organisation.
- Personal data will be stored for the period of time, which is required by law, until the statute of limitations on any claims arising from the contract concluded or from the conduct of business activity. Within the scope of obligations related to keeping accounting books and tax records personal data will be kept for the period of keeping accounting and tax records resulting from legal regulations. Personal data made available to the Administrator for marketing purposes or account maintenance will be stored until the withdrawal of consent. Withdrawal of consent for data processing shall affect neither lawfulness of the processing performed on the basis of consent before its withdrawal, nor correctness of activities constituting the purpose of processing.
- A data subject has the right of access to their data and the right to rectify them, when they are inaccurate. In the cases provided for by law the data subject has the right to demand the erasure of data, restriction of data processing, as well as the right to data transfer or to file an objection to data processing.
- In the event of given Participant’s request to delete their data their Account in the Website/Program will be deleted, the previously accumulated points will expire and
a Participant will not be entitled to rights related to previously accumulated points.
- For reasons linked to the specific situation of a data subject they have the right to object to the processing of personal data, where the processing is based on a legitimate interest of the ADO (Article 6(1)(f) of GDPR).
- In addition, a data subject may object to processing of their data by ADO for the purposes of direct marketing, including profiling.
- A data subject has the right to lodge a complaint with the supervisory authority - the President of the Personal Data Protection Office - if ADO violates the provisions on the protection of personal data, when processing their personal data.
- No automated decisions will be taken on the basis of personal data, including through profiling.
- Once processing of personal data for the original purpose has been completed, the data will not be processed for any other purpose.
VIII. FINAL PROVISIONS
- The Organiser reserves the right to change these regulations during the Programme. The changes will come into force after 14 days from their announcement on the website: www.biznes.spokey.pl.
- The regulations are placed on the website: www.biznes.spokey.pl.
- Entrepreneurs participating in the Programme agree to have their company (name) published free of charge in Organiser's advertising materials.
- In matters not regulated by the Regulations the provisions of the agreement based on which a Participant purchases goods from the Organiser shall apply, and in matters not regulated by the agreement (including the general terms and conditions of sale applicable for the Organiser) the relevant provisions of Polish law shall apply.
- In cases of disputes a common court of law with jurisdiction over Organiser's registered office shall be competent to settle them.