STAMPER MOBILE APPLICATION TERMS OF USE

§ 1 DEFINITIONS

The terms used below in these Terms of Use will have the following meaning:

  1. Service Provider - Semble8 LTD with its registered office in London, 86-90 Paul Street, London, England, EC2A 4NE, entered into the Companies House register under number 11391700, e-mail address: office@semble8.com,
  2. Application - software called Stamper, operating on a Mobile Device, available for free download in the Google Play and App Store, which, provided that it has access to the Internet, enables the creation and permanent access to the Individual User's Account, and in particular adding and reading Loyalty Program Participation Cards, entitling to obtain benefits from participation in the Loyalty Program,
  3. Mobile Device - an electronic device, such as a smartphone or tablet, which enables processing, receiving and sending data without the need to maintain a wired connection to the telecommunications network,
  4. User - a natural person having full legal capacity, which installed the Application on his or her own Mobile Device and then created the Individual User Account in the Application,
  5. Individual User Account - account created by the User in the Application as a result of either completing the Registration Form or through the use of an account created on Facebook or Google, after prior acceptance of the Terms of Use, to which, provided that the User has access to the Internet, the User has permanent access by entering the data provided during registration or later changed by him/her, having a unique name on which the Loyalty Program Participation Cards are collected, entitling the User to obtain benefits from participation in the Loyalty Program,
  6. Registration Form - an electronic form filled in using the Application by providing your own personal data,
  7. Partner - an entity that prepares and manages a Loyalty Program which the User may join using the Application,
  8. Loyalty Program - a loyalty program prepared and managed by a Partner, within the framework of which the User will be granted benefits specified in the Loyalty Program Terms and Conditions, once the User meets strict conditions set out in the Terms and Conditions,
  9. Loyalty Program Participation Card - a virtual (electronic) individualized card created in the Application, connected to the Individual User Account, enabling the User to collect stamps in the Loyalty Program and obtain benefits from participation in the Loyalty Program, not being a credit card, debit card or any other means of payment,
  10. Terms of Use - these Terms of Use, which define the rules of operation and use of the Application, and in particular the scope, terms and conditions and manner of providing the electronic services by the Service Provider to the User via the Application, including the technical requirements necessary to use the Application, terms and conditions of concluding and terminating agreements for the provision of electronic services, the complaint procedure, as well as the rights and obligations of the Users and the rules of liability of the Service Provider and User, constituting the terms and conditions within the meaning of Article 8 Section 1 point 1 of the Act of 18 July 2002 on the Provision of Electronic Services,
  11. Loyalty Program Terms and Conditions - Terms and Conditions of the Loyalty Program prepared by the Loyalty Program Partner, which define the conditions of joining and participating in the Loyalty Program, rights and obligations of the User related to participation in the Loyalty Program, as well as the benefits of participating in the Loyalty Program available in the Application,
  12. Product - a product offered for sale by the Partner covered by the Loyalty Program, in connection with the purchase of which the User will be awarded with a Stamp on the Loyalty Program Participation Card,
  13. Premises - premises run by the Partner or an entity with which the Partner cooperates, where the Participant may exercise the rights provided for in the Program, i.e. receive a Stamp for the purchase of the Product; the location of individual Premises can be found on the map available in the Application and will be regularly updated,
  14. Stamp - a settlement unit in the Loyalty Program, awarded to the User by the Loyalty Program Partner according to the rules specified in the Loyalty Program Terms and Conditions for the purchase of the Product by the User in the Premises,
  15. Stationary Card - a material card held by the personnel of the Premises containing a QR code and made available to the User who, in accordance with the Loyalty Program Terms and Conditions, has acquired the right to the Stamp, in order to enter the Stamp onto the Loyalty Program Participation Card by scanning it with the use of the Application, intended for multiple use,
  16. Shipping Card - a material card sent together with the Product purchased at the Premises with the use of devices enabling remote communication (telephone/internet), containing the QR code, allowing the User to enter the Stamp onto the Loyalty Program Participation Card by scanning it with the use of the Application, intended solely for one-time use,
  17. Newsletter - a free-of-charge service rendered electronically by the Service Provider at various times to the User's e-mail address (e-mail address) provided by the User during registration, with various commercial information constituting materials containing informational, promotional or advertising content concerning the Service Provider and the Application, as well as concerning the Partners and their Products,
  18. Personal Data Controller - Service Provider,
  19. GDPR - 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 Directive 95/46/EC,
  20. Privacy Policy - a document available in the Application, containing information on data protection and privacy of Participants, regulating in particular the principles of personal data processing within the meaning of 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 Directive 95/46/EC of Participants, the principles of providing Users with commercial information by electronic means within the meaning of the Act on the Provision of Electronic Services, principles of using telecommunications terminal equipment and automatic calling systems for the purposes of direct marketing within the meaning of the Telecommunications Act.

§ 2 PRELMINARY PROVISIONS

  1. The Service Provider is the owner of the Application, as well as the provider of services rendered through the Application for the Users.
  2. The Application is a software designed to enable the User to join Loyalty Programs organized by Partners and to obtain benefits from participation in these programs and, through the Application, the User may participate in more than one Loyalty Program at the same time and does not need to have separate material cards confirming participation in the Loyalty Program.
  3. The Terms of Use specify the rules of operation and use of the Application by Users, and in particular the rules and manner of providing electronic services through the Application. The Terms of Use are available before registration in the Application. Acceptance of the Terms of Use by the User is voluntary, it is however the condition of using the Application. After the registration in the Application, the User can view the Terms of Use at any time after logging in to the Application.
  4. Upon acceptance of the Terms of Use, registration in the Application and opening an Individual User Account in the Application, an agreement between the User and Service Provider for the provision of electronic services through the Application is concluded. The agreement is concluded for an indefinite period of time and may be terminated, including termination with immediate effect by the User, on the terms specified in § 13 of the Terms of Use.
  5. The application is available for free download in the Google Play and App Store.
  6. The use of the Application by the User requires access to the Internet.
  7. The use of the Application, as well as access to individual Loyalty Programs, is voluntary and free of charge. However, due to the fact that the Service Provider is not a provider of data transmission services, the costs of data transmission required to download and use the Application will be covered by the User on his or her own account, based on an agreement concluded with a telecommunications operator or other Internet services provider. The User is solely responsible for any fees for the use of data transmission necessary to use the Application. For this reason, the Service Provider recommends the User to use the application or functions of the operating system consisting in the measurement of the volume of transmitted data.
  8. Loyalty Programs Terms and Conditions are available after logging in to the Application. Their acceptance is voluntary, but is a condition of joining the Loyalty Programs.
  9. The Service Provider is not responsible for the content of Loyalty Programs, Loyalty Programs Terms and Conditions, the quality of products sold by Partners, as well as for the adherence of the Partners to the Loyalty Program arrangements, in particular granting benefits from participation in the Loyalty Program to the Users. The responsibility in this respect lies solely with the Partners.
  10. The Application and all materials, information and layout of the content presented within the Application, as well as logotypes, graphic elements and trademarks are subject to exclusive rights of the Service Provider or Partners and are under legal protection.
  11. Upon registration in the Application, the Service Provider grants the User free of charge, non-exclusive and territorially unlimited licence to use the Application in accordance with its intended use, in particular to the extent necessary to use the services referred to in § 7 of the Terms of Use, including the right to reproduce the Application only to the extent necessary to download the Application to a Mobile Device, install, launch, operate and store the Application on the Mobile Device. The User acknowledges that he or she is not entitled to use the Application beyond the scope of the licence granted to the User, and in particular the User is not entitled to make changes to the source code of the Application, its decompilation, disassembly, use of the Application for profit-making purposes (sale, lending, renting), request that installation versions or source codes of the software underlying the operation of the Application be made available, or distribute the source code, graphic or text elements included in the Application, as well as use the source code to his or her own needs. Copying the Application for a purpose other than using the services referred to in § 7 of the Terms of Use or creating derivative works based on the Application is prohibited. The license does not entitle the User to grant further licenses and is not transferable to third parties. The licence is granted for the duration of the agreement for the provision of electronic services through the Application, what the Parties will understand in such a way that the licence is granted for an indefinite period of time, but in the event of termination of the agreement for the provision of electronic services through the Application in accordance with the rules set forth in § 13 of the Terms of Use, the licence agreement is also terminated at the same time.
  12. By downloading, installing and registering in the Application, the User does not acquire any proprietary rights or any other rights to the Application other than those resulting from the agreement concluded with the Service Provider for the provision of electronic services through the Application and the licence agreement.

§ 3 TECHNICAL REQUIREMENTS

  1. The application is available for all persons using Mobile Devices which meet the technical requirements indicated below:
    1. Your Mobile Device should have an operating system:
      1. for the version of the Application downloaded from Google Play – Android version 4.1 (API 16) (or later),
      2. for the version of the Application downloaded from the App Store – iOS version 9.0 (or later),
    2. the Mobile Device should have access to the Internet,
    3. the Mobile Device should have a camera.
  2. In order to use the optional features of the Application, it is necessary to have a GPS function on your Mobile Device.

§ 4 RANGE OF SERVICES PROVIDED THROUGH THE APPLICATION

The services provided through the Application consist in particular in enabling the User to:

  1. create an Individual User Account,
  2. attach a profile photo to the Individual User Account,
  3. store data entered by the User,
  4. get acquainted with the Terms and Conditions of Loyalty Program organized by the Partners,
  5. join the Loyalty Programs organized by the Partner by adding to the Individual User Account the Loyalty Program Participation Cards appropriate for the Loyalty Program data, preceded by the Participant's declaration of intent to join the Loyalty Program and acceptance of the Loyalty Program Terms and Conditions,
  6. introduce and collect Stamps awarded by Partners on the Loyalty Program Participation Cards in situations specified in the Loyalty Program Terms and Conditions,
  7. verify the number of Stamps collected on the Loyalty Program Participation Cards,
  8. determine the list and location of the Premises in which, within the framework of a given Loyalty Program, the User will receive a Stamp for the purchase of a Product,
  9. join an unlimited number of Loyalty Programs organized by the Partners at the same time,
  10. receive from the Service Provider information sent in the form of a Newsletter.

§ 5 RISKS ASSOCIATED WITH THE USE OF SERVICES PROVIDED THROUGH THE APPLICATION

The Service Provider informs of the following specific risks related to the use of electronic services provided through the Application:

  1. the possibility of receiving spam, i.e. unsolicited advertising (commercial) information sent electronically,
  2. the presence and functioning of malware, including computer viruses, which is a special software that is capable, after it has been started, of infecting files in a self-replicating manner, usually without the user noticing it,
  3. the presence and operation of worms, i.e. malware capable of self-replicating; an e-mail worm is a destructive attack against the network, consisting of collecting all the e-mail addresses in a local program and sending hundreds of e-mails containing the worm to them in an invisible attachment,
  4. the possibility of spyware activity, i.e. software spying on the user's activity in the Internet, installing itself without the User’s knowledge, consent and control,
  5. the possibility of being exposed to cracking or phishing (fishing for passwords) consisting in breaching security measures, used to obtain personal and confidential information for the purpose of identity theft, by sending false e-mails that are deceptively authentic,
  6. the possibility of being exposed to sniffing involving unauthorised eavesdropping as a result of the use of sniffer – a computer program,
  7. the ability to identify weaknesses in the cryptographic system, thereby enabling it to be breached or circumvented, and consequently to obtain personal and confidential information for identity theft,
  8. the exposure to the activities of other unwanted or "malicious" software, performing activities not intended by the User,
  9. the exposure to copyright infringement through unauthorised copying and use of works and profile photos without the consent and knowledge of the authorised party.

§ 6 REGISTRATION IN THE APPLICATION

  1. In order to use the Application, after it has been downloaded and launched on a Mobile Device, it is necessary to complete the registration procedure for the Application and open an Individual User Account.
  2. Only natural persons with full legal capacity may register in the Application.
  3. Registration in the Application consists in:
    1. correct filling in of the Registration Form by the User by providing the following data:
      1. nickname, but it cannot be vulgar or offensive,
      2. password,
      3. e-mail address,
    2. use of an account previously created by the User on Facebook or Google (in this case, the data used to log in to these websites will be the data used to log in to the Application),

    and confirmation by the User that he or she is a person with full legal capacity, has read the Terms of Use and accepts its contents, as well as expresses his or her consent to automated collection of information by the Service Provider, concerning the manner in which the User operates the Application, including information on logging in, activities, Premises where the User has purchased the Product and User's preferences, for the purpose of their possible future automated processing (automated profiling) in the event of ordering the Newsletter service.

  4. A message confirming that the registration procedure has been completed will be sent to the e-mail address provided by the User during the registration process.
  5. After completion of the registration process an Individual User Account will be created in the Application, to which the User will be able to log in using the data provided during registration (possibly data for registration on Facebook or Google), when the e-mail address will have the function of a login.
  6. The User is entitled to edit his or her data provided during registration in the Application. Editing of data is possible via the Application.
  7. The Service Provider recommends that the User keep the data necessary for logging in to the Application confidential.

§ 7 THE RULES OF USE OF THE APPLICATION

  1. The Service Provider provides services on the principles specified in the Terms of Use, in accordance with generally applicable laws.
  2. After registering in the Application, the User will be able to supplement the Individual User Account with the following data:
    1. name,
    2. surname.
    The User can delete this data at any time. Entering and deleting such data is possible through the Application.
  3. The User is obliged to use the Application in accordance with the applicable law, the Terms of Use, Loyalty Programs Terms and Conditions, as well as the rules of social life, including the general rules of using the Internet and mobile applications, and respecting the rights of third parties and the Service Provider.
  4. The User is obliged in particular to:
    1. use the Application in accordance with its intended purpose and refrain himself or herself from using it for a purpose other than using the services referred to in § 4 of the Terms of Use,
    2. use the Application in a manner that does not interfere with its operation, in particular by using appropriate software or devices,
    3. use the Application in a manner that is not burdensome for other Users and the Service Provider, respecting the personal rights of third parties and any other rights to which they are entitled,
    4. use the Application and any information or material made available to the User through it only for permitted use.
  5. The User is fully responsible for operating the Application in a manner contrary to the Terms of Use or generally applicable law and the consequences thereof.
  6. The User is obliged to immediately notify the Service Provider of any infringement of the User’s rights in connection with the use of the Application by sending an appropriate message to the following address: legal@getstamper.com.
  7. The User may have only one Individual User Account.
  8. The Individual User Account may only be used by the User who has created it in the Application. It is forbidden for a User to make an Individual User Account available to other persons.
  9. The User may add to the Individual User Account an unlimited number of Participation Cards in a Loyalty Program organized by the Partners.
  10. Each Loyalty Program Participation Card at the time of its creation, obtains an individualised number visible in the Application.
  11. The Loyalty Program Participation Cards are used by the User to collect the Stamps awarded to the User within the Loyalty Program which the User has joined. The Stamps purchased by the Participant will be entered on the Loyalty Program Participation Card on the following way:
    1. in the case of purchasing the Product directly at the Premises – through scanning by the Participant with the use of the Application the Stationary Card made available to him or her by the staff of the Premises, however, in the case of purchasing by the Participant a higher number of Stamps, the Participant will be entitled to scan the Stationary Card in the number corresponding to the number of Stamps received,
    2. in the case of purchasing the Product at the Premises via devices enabling remote communication (telephone/internet) – through scanning by the Participant with the use of the Application the Shipping Card delivered to him or her with the Product, however, in the case of purchasing by the Participant a higher number of Stamps, the Participant should receive Shipping Cards in the number corresponding to the number of Stamps received and it will be necessary to scan each of them separately (scanning the Shipping Card is possible only once),
  12. The condition of entering the Stamps to the Loyalty Program Participation Card is giving consent to the Application's access to the camera installed on the Mobile Device. Such consent is voluntary, but it is necessary to use the Application. Without the access to the camera, it will not be technically possible for the Application to enter the Stamp to the Loyalty Program Participation Card.
  13. The User may verify the number of Stamps on a given Loyalty Program Participation Card after logging in to the Application.
  14. The rules applicable in individual Loyalty Programs, and in particular the conditions for granting benefits from participation in them, are determined by the Partners in the Loyalty Program Regulations prepared by them.
  15. In the event that the Application requires updating, its installation on the Mobile Device by the User will be necessary to ensure proper use of the Application. If the Participant sets the automatic update option on his or her Mobile Device, the latest version of the Application will be downloaded automatically to the Mobile Device after it has been made available. If the User does not use the automatic update option, depending on his or her Mobile Device settings, the User will be notified that the update to the Application is available.

§ 8 PROFILE PHOTO

  1. At any time after having registered to the Application the User may, at his or her sole discretion, attach a profile photo to the Individual User Account. Attaching a profile photo is voluntary and it can be removed by the User at any time. The lack of the profile photo in the Application does not affect the User's ability to operate the Application to the remaining extent.
  2. The User may attach the profile photo to the Individual User Account providing the User has relevant rights to do so, in particular, if necessary, the User needs to obtain relevant rights and consents of persons authorised to attach a profile photo in the Application in advance.
  3. When attaching a profile photo to the Individual User Account with the use of the Application, the User will:
    1. confirm that the User is entitled to place the attached profile photo in the Application, in particular he or she has the relevant intellectual property rights,
    2. consent to conclude a non-exclusive license agreement with the Service Provider under the conditions specified in the Terms of Use,
    3. allow the Service Provider to distribute the image of the User by presenting, displaying, sharing and sending the profile photo to other Users, which constitutes a permit within the meaning of Article 81 Section 1 of the Act of 4 February 1994 on Copyright and Related Rights.
  4. Upon attaching a profile photo to the Individual User Account, the User grants the Service Provider a free of charge non-exclusive licence, without territorial restrictions, temporarily limited to the period of activity of the Individual User Account, entitling the Service Provider to use the profile photo attached in the Application, in full and in part, in all known fields of use, in particular in the following areas:
    1. recording and multiplication of the profile photo in the form of copies by all printing, reprographic, magnetic, optical and digital recording on any media and materials, as well as in any spatial forms,
    2. capturing and multiplication of the profile photo in digital form within the ICT systems and in the memory of computers and similar devices without creating a material medium at the same time,
    3. placing a profile photo on the market, free of charge transfer, lending or lease of the original or copies of the profile photo, including by means of the Internet and other data transmission techniques using telecommunications, information technology and wireless networks,
    4. distribution of the profile photo in a manner other than specified in point (c) above, including public performance, exhibition, display, reproduction and broadcasting as well as retransmission by any techniques whatsoever, including Internet television, personalised e-mail transmission and making it publicly available in such a way that everyone has access to it at a place and at a time individually chosen by them, including Internet, landline, mobile (cellular and satellite) and other networks of electronic and TC communications networks,
    5. the use of a profile photo through any change in the profile photo, as well as attaching in whole or in part to other works, including visual and audio-visual works,
    6. the use of the profile photo through its use on websites,
    whereas the licence is granted for an indefinite period of time and the Service Provider is entitled to authorise another person to use the profile photo attached by the User within the scope of the obtained licence (the right to grant a sublicense).
  5. The User acknowledges that the licence referred to in the section above entitles the Service Provider to use the profile photo attached to the Individual User Account in terms of its storage, copying and making it available to other entities (Partners).
  6. The User may withdraw from the licence referred to above at any time by deleting his or her profile photos from the Application.
  7. It is unacceptable for the User to attach the profile photo which:
    1. violates generally applicable law, Terms of Use, good manners, moral norms,
    2. infringes the rights or interests of a third party, including by impersonating a third party,
    3. is obscene, and in particular vulgar or bearing erotic content,
    4. constitutes a type of agitation, including political or religious agitation, favouring or advocating radical social attitudes or expressing such views,
    5. contains discriminatory content,
    6. contains untrue or misleading, inappropriate
    7. forms.
  8. If the Service Provider obtains information about the placement by the User of a profile photo contrary to the Terms of Use, the Service Provider is entitled to remove such a photo.

§ 9 COMPLAINTS

  1. Any complaints related to the use of the Application and provision of services through the Application, as well as questions regarding the use of the Application, may be made by the User:
    1. by post at the mailing address: Semble8 LTD with its registered office in London, 86-90 Paul Street, London, England, EC2A 4NE,
    2. by e-mail at: legal@getstamper.com
  2. It is recommended that the content of the complaint contains:
    1. login given during registration in the Application,
    2. data identifying the Mobile Device, in particular the name and model,
    3. information and circumstances concerning the subject matter of the complaint, in particular the type of the problem and date when the problem occurred,
    4. the User's request,
    5. the contact details of the complainant,
    this will facilitate and speed up the processing of the complaint. The requirements given above are in the form of recommendations only and do not affect the effectiveness of complaints made without them.
  3. Response to the complaint takes place immediately, no later than within 14 days from the date of its receipt. If the data or information provided in the complaint requires supplementing, the Service Provider will request the User to supplement it before responding to the complaint. The time of providing additional explanations by the User extends the period of examining the complaint.
  4. If the complainant does not stipulate otherwise, the complaint will be answered in the same form as it was submitted.

§ 10 PERSONAL DATA

  1. The User acknowledges that the Service Provider will collect his or her following personal data in the following manner:
    1. upon completion of the registration procedure in the Application, the Service Provider will obtain the personal data provided during registration in the Application, i.e. data provided during the completion of the Registration Form or used to log in to Facebook or Google,
    2. upon supplementing the Individual User Account in the Application with the name or surname of the User, the Service Provider obtains such personal data,
    3. upon completion of the process of editing the data entered into the Application by the User, the Service Provider obtains the newly entered personal data,
    4. during the use of the Application by the User, the Service Provider will obtain, in an automated manner, information about logging in, activities and the Premises, in which the User purchased the Product and the User's preferences,
    all the above mentioned personal data of the User will be hereinafter referred to as the "Personal Data".
  2. Providing the Personal Data referred to in Section 1(a) above by the User, as well as their possible editing, and consenting to the Service Provider's automated collection of information about logging in, activities, Premises where the User purchased the Product and User's preferences is voluntary, but necessary to use the Application and to the provision of electronic services by the Service Provider to the User through the Application. Providing the Personal Data referred to in Section 1(b) by the User, as well as their possible editing, is voluntary and does not affect the User's ability to operate the Application.
  3. The Personal Data Controller will be the Service Provider, i.e. Semble8 LTD with its registered office in London, 86-90 Paul Street, London, England, EC2A 4NE, entered into the Companies House register under number 11391700.
  4. The recipients of Personal Data may be:
    1. authorised employees and associates of the Service Provider to whom Personal Data will be disclosed in order to enable them to perform their duties,
    2. Partners and their employees and associates, and only the nickname provided by the User will be passed to them, as well as the personalised number of the Loyalty Program Participation Card given to the User in connection with accession to the Loyalty Program of a given Partner,
    3. entities providing services to the Service Provider, in particular IT, accounting, postal, courier, advisory, consulting, analytical, advertising and legal services,
    4. competent public authority bodies, including the Police, Customs and law enforcement agencies, if required by the applicable law.
  5. Contact with the Personal Controller is possible in writing (to the address indicated in Section 3 above) or electronically to the e-mail address: legal@getstamper.com.
  6. The Personal Data will be processed by the Service Provider exclusively for the purposes and on legal grounds as follows:
    1. for the purpose and to the extent necessary for the organisation and operation of the Application, in particular to the extent necessary to conclude and perform an agreement for the provision of electronic services through the Application, as well as to process complaints and answer the User's questions about the Application (pursuant to Article 6(1)(b) or (f) of GDPR),
    2. in order to possibly identify, assert, enforce claims or defend against claims pursuing a legitimate interest of the Service Provider (pursuant to Article 6(1)(f) of the GDPR),
    3. for the purpose of direct marketing of own services (pursuant to Article 6(1)(f) of GDPR), and if the User gives an appropriate consent (in particular by ordering the Newsletter service), on the principles set forth in § 11 of the Terms of Use – also for the purpose of sending, via electronic means of communication, differentiated commercial information constituting materials containing informational, promotional or advertising content concerning the Service Provider and the Application, as well as concerning Partners and their Products (pursuant to Article 6(1)(a) or (f) of GDPR),
    4. to monitor the correctness and security of the operation of the Application and to provide technical and service support to its Users, including notification of failures and risks associated with the operation of the Application (pursuant to Article 6(1)(b) or (f) of GDPR),
    5. for statistical purposes and analytical research, i.e. better selection of services to meet the User's needs, optimisation of service processes, ensuring IT security of the Application, detection of cases of unauthorised use of services, financial analysis of the Service Provider, constituting the realization of the Service Provider's legally justified interest (pursuant to Article 6(1)(f) of GDPR),
    6. to store data for archiving purposes and to ensure accountability (pursuant to with Article 6(1)(c) or (f) of GDPR),
    7. in order to get to know the needs and preferences of the User and to create his/her profile within the scope of the legitimate interest of the Service Provider consisting in providing the User with information about offers adjusted to his/her needs, in case of ordering the Newsletter service, if the User grants his/her respective consent (pursuant to Article 6(1)(a) of GDPR).
  7. The User acknowledges that, despite automated collection by the Service Provider of information about his/her logging in to the Application, activities, the Premises where the User purchased the Product and the User's preferences, this data and other Personal Data will not be subject to automated profiling (automated processing) by the Service Provider, unless the User orders, on the terms specified in § 11 of the Terms of Use, the Newsletter service. If the User orders the Newsletter service, the User's Personal Data, including information on his/her logging in to the Application, activity in the Application, the Premises where the User purchased the Product and User's preferences, will be automatically profiled by the Service Provider in order to adjust the service to the preferences and interests of the User, i.e. based on the Personal Data of the User decisions will be made by the Service Provider, in the automated manner, in order to prepare and send, by means of electronic communication, personalised commercial information constituting materials containing informational, promotional or advertising content concerning the Service Provider and the Application, as well as concerning the Partners and their Products. Profiling of Personal Data by the Service Provider will amount to creating by the Service Provider groups of User profiles based on the criterion of the type of Product purchased, which will allow the Service Provider to suggest the User to take advantage of other commercial offers of similar types of Products. As a result of profiling performed by the Service Provider, commercial information which, in the opinion of the Service Provider, is inadequate to the interests of the User will not be sent to him/her.
  8. The Personal Data Controller will process Personal Data in compliance with the requirements of GDPR, the Act of 10 May 2018 on Personal Data Protection, as well as the Act of 18 July 2002 on the Provision of Electronic Services.
  9. The Personal Data Controller will ensure the application of appropriate technical and organizational measures ensuring the security of Personal Data processing, in particular preventing unauthorised third parties from gaining access to the Personal Data, or it’s processing in violation of generally applicable law, preventing loss, damage or destruction thereof.
  10. Personal Data will be stored for a period of:
    1. validity of the agreement for provision of electronic services concluded by the Service Provider with the User, and after its termination for a period of 6 years from the end of the year in which the agreement for provision of electronic services has been terminated,
    2. necessary to assert claims by the Service Provider in connection with the conducted business activity or to defend from claims against the Service Provider on the basis of generally applicable law, taking into account the periods of limitation of claims specified in generally applicable law,
    3. in the case of processing for the purposes of direct marketing – for the duration of the agreement for the provision of electronic services, until the User objects to such processing, depending on which of these events occurs first,
    4. in order to monitor the correctness and security of the operation of the Application, throughout the period of the use of the Application by the User,
    5. in the case of consent to the processing of data for a given purpose – until the withdrawal of consent or no longer than it is necessary to achieve the purpose for which the consent was granted,
    6. in order to be accountable, i.e. to prove compliance with the regulations concerning personal data processing, it will be stored for a period in which the Service Provider is obliged to keep the data or documents containing it in order to document the fulfilment of legal requirements and enable the control of their fulfilment by public authorities,
    7. for the purpose of collecting data on the manner in which the User uses the Application – for the period of using the Application by the User,
    no longer than 6 years from the end of the year in which the agreement for the provision of electronic services was terminated.
  11. The user has the right to:
    1. access (inspect and copy) the Personal Data,
    2. rectify (correct) the Personal Data,
    3. supplement the Personal Data,
    4. delete the Personal Data, in the cases indicated in GDPR (in particular, when the Personal Data is no longer necessary for the purposes for which it was collected, its processing would be unlawful, the User withdraws his or her consent to its processing, and the basis for its processing is removed, unless its processing is necessary to assert or defend claims by the Service Provider),
    5. limit the processing of Personal Data in the cases indicated in GDPR (in particular when the User questions the correctness of the Personal Data, the processing is illegal, but the User opposes the deletion of the Personal Data, the Service Provider no longer needs the Personal Data, but it is necessary for the User, or the User has objected to the processing of the Personal Data),
    6. transfer the Personal Data,
    7. and moreover, the User is entitled to:
    8. object to the processing of the Personal Data in the cases specified in GDPR (this applies to the processing of the Personal Data for the purposes of direct marketing and profiling),
    9. withdraw his or her consent to the processing of the Personal Data at any time, if the processing of the data is based on the User’s consent,
    10. lodge a complaint with the supervisory authority (the President of the Office for Personal Data Protection) in the cases specified in GDPR,
    11. in the scope of profiling of the Personal Data – obtain human intervention from the Service Provider, express the User's opinion and question the decision issued on the basis of profiling by the Service Provider,
    whereas the User will exercise these rights in the form indicated in Section 5 above.

§ 11 NEWSLETTER

  1. During registration in the Application as well as at any time thereafter, the User may also order the Newsletter service (subscribe to the Newsletter).
  2. The Newsletter service is provided by the Service Provider electronically and consists in sending by the Service Provider at various times to the e-mail address of the User provided by the User at the registration or subsequently edited, various commercial information consisting of material containing information, promotional or advertising content about the Service Provider and the Application, as well as about the Partners and their Products.
  3. The User acknowledges that ordering the Newsletter service (subscribing to the Newsletter) will add his or her e-mail address to the e-mail list available to the Service Provider. The User's e-mail address will be used to send the User e-mail messages as part of the Newsletter service and for the duration of the service. Providing the e-mail address by the User during the registration process is therefore necessary for the Service Provider to provide the Newsletter service. The Service Provider will not make available the e-mail address provided by the User to the Partners.
  4. Ordering the Newsletter service by the User (subscribing to the Newsletter) requires jointly:
    1. prior or simultaneous acceptance of the Terms of Use,
    2. granting consent to:
      1. processing of the User's Personal Data by the Service Provider for the purposes related to the provision of the Newsletter service, in particular subjecting the User's Personal Data to automated profiling (automated processing) by the Service Provider, i.e. taking up, on the basis of collected by the Service Provider the User’s Personal Data, including the User's logging in to the Application, activity in the Application, the Premises in which the User purchased the Product and the User's preferences, an automated decision in order to prepare and send an individualised commercial offer to the User, which constitutes consent within the meaning of Articles 6(1)(a) and 22(2)(c) of GDPR,
      2. granting consent to receive at the e-mail address provided during registration, or later edited, various commercial information sent via electronic means of communication, constituting materials containing information, promotional or advertising content concerning the Service Provider and the Application, as well as regarding Partners and their Products, which constitutes the consent referred to in Article 10(2) of the Act of 18 July 2002 on the provision of electronic services,
      3. granting consent to the use by the Service Provider of telecommunications terminal equipment and automatic calling systems for the purposes of direct marketing, which constitutes the consent referred to in Article 172 Section 1 of the Act of 16 July 2004 – Telecommunications Law,
      and the aforementioned consents will be granted by the User through the Application by clicking on the "Yes" button in response to a question whether the User wants to subscribe to the Newsletter,
    3. pressing (clicking) on the "CONFIRM" button, placed in the electronic message sent by the Service Provider to the e-mail address of the User provided during registration, titled: "Confirm your subscription to the Stamper Newsletter" by confirming in this way the correctness of the e-mail address and ordering the Newsletter service (subscription to the Newsletter),
  5. The activities referred to in Section 4(a) to (b) above will be performed by the User through the Application and the activity referred to in Section 4(c) above will be performed through electronic mail. After the activities have been completed, the User will receive a confirmation of adding the User’s e-mail address to the e-mail list available to the Service Provider and activation of the Newsletter service (activation of subscription) to the e-mail address provided during registration.
  6. Upon ordering the Newsletter service (subscribing to the Newsletter), i.e. performing all activities referred to in Section 4 above, between the Service Provider and the User an agreement for the provision of the Newsletter electronic service will be concluded. The agreement is concluded for an indefinite period of time and may be terminated, including termination with immediate effect by the User, on the terms specified in the Terms of Use.
  7. In connection with ordering the Newsletter service (subscription to the Newsletter), the Service Provider will process the User's Personal Data to the extent necessary to provide this service.
  8. After ordering the Newsletter service (subscribing to the Newsletter), the User will receive from the Service Provider, to the e-mail address provided by the User during registration, or later edited, various commercial information constituting materials containing informational, promotional or advertising content concerning the Service Provider and the Application, as well as concerning the Partners and their Products.
  9. Although all Newsletter messages will be sent by the Service Provider, a part of them may consist in forwarding to the User a message prepared entirely by the Partners.
  10. Using the Newsletter service by the User is free of charge. However, the User has to bear the costs resulting from using by him or her of the means of distance communication, in particular the costs of Internet access.
  11. The User will have the right to withdraw from the agreement for the provision of the electronic Newsletter service, without stating any reason or incurring any costs, within 14 days from the date of its conclusion, i.e. from the date of performing all the activities referred to in Section 4 above. In order to exercise this right, the User should inform the Service Provider of the User’s decision to withdraw by way of an unambiguous statement submitted (in writing or electronically) with the use of the contact details of the Service Provider, indicated in the Terms of Use, in particular the User may use a form, the template of which constitutes Appendix 2 to the Terms of Use. To meet the deadline for withdrawal is sufficient to send information on the exercise of the User's right to withdraw from the agreement before the expiry of the deadline to withdraw from the agreement. The instruction on the right to withdraw constitutes Appendix 1 to the Terms of Use.
  12. The user may cancel the Newsletter service at any time by withdrawing (cancelling) consents referred to in Section 4(b) above. For this purpose, the User will make appropriate modifications to the Application or click (press) the appropriate link sent to the User at the end of each Newsletter message. Cancellation of the Newsletter services will mean immediate termination of the agreement for the provision of electronic Newsletter service.
  13. Ordering the Newsletter by the User (subscribing to the Newsletter) is voluntary. The lack of subscribing or unsubscribing the Newsletter service does not affect the ability to use the Application to the remaining extent, and in particular does not affect the provision of other services through the Application.

§ 12 THE EXTENT OF THE LIABILITY OF THE SERVICE PROVIDER

  1. The Service Provider conducts ongoing supervision over the technical functioning of the Application, ensuring the correctness of its operation. However, the Service Provider does not guarantee the permanent availability of all functions of the Application or their faultless operation. The Service Provider is not responsible for the unsatisfactory quality and performance of the Application.
  2. Interruptions due to technical reasons may occur in the operation of the Application, in particular resulting from the need to maintain the Applications or operating systems. The Service Provider will inform about the planned interruption in the operation of the Application by placing respective information in the Application.
  3. The provision of services through the Application may be interrupted if the quality of the connection is inadequate, if the Mobile Device is damaged or faulty or if the telecommunications networks fail, as well as due to the incapacity of the servers used to operate the Application.
  4. The Service Provider is not responsible for the manner of using the Application by the User.
  5. The Service Provider is not responsible for any limitations or technical problems occurring in the Mobile Device of the User, or for the quality of data transmission services that prevent or limit the User’s ability to use the Application.
  6. The Service Provider is not responsible for any failure or improper functioning of the Application on a Mobile Device which does not meet the requirements specified in the Terms of Use.
  7. The Service Provider is not responsible for non-performance or improper performance of the agreement for the provision of services through the Application if it was caused by force majeure. Force majeure is understood as all unusual events of an external nature, impossible to foresee by the Parties at the time of concluding the agreement, such as catastrophes, fires, floods, explosions, social unrest, acts of war, terrorist attacks, acts of state authority, etc., which partially or entirely prevent the performance of the obligations bearing on the Service Provider, including the provision of services through the Application.

§ 13 TERMINATION OF THE USE OF THE APPLICATIO

  1. The User has the right to withdraw from the agreement for the provision of electronic services through the Application without stating any reason or incurring any costs, within 14 days from the date of its conclusion, i.e. acceptance of the Terms of Use, registration in the Application and creating an Individual User Account in the Application. In order to exercise this right, the User should inform the Service Provider about the User’s decision to withdraw by an explicit statement transferred (in writing or electronically) using the contact details of the Service Provider indicated in the Terms of Use, and in particular, the User may use the form set out in Appendix 2 to the Terms of Use. To meet the deadline for withdrawal is sufficient to send information on the exercise of the User's right to withdraw from the agreement before the expiry of the deadline to withdraw from the agreement. The instruction on the right to withdraw constitutes Appendix 1 to the Terms of Use.
  2. The User may also terminate the use of the Application at any time by sending an e-mail to the Service Provider, at the e-mail address: support@getstamper.com a request for removal of the Individual Participant Account from the Application which constitutes the immediate termination of the agreement for the provision of electronic services through the Application.
  3. Termination of the agreement for the provision of electronic services through the Application as well as termination of the use of the Application in the manner specified in Section 2 above constitutes a resignation from all the Loyalty Programs which the User has joined through the Application, as well as from the Newsletter service.
  4. In the event of termination of the agreement for the provision of electronic services through the Application or termination of the use of the Application in the manner specified in Section 2 above, all data collected in the Individual User Account will be deleted, and in particular the Loyalty Program Participation Cards with the Stamps collected on the Loyalty Program Participation Cards, and in the result the User will not be entitled to take advantage of the benefits of participating in the Loyalty Program.
  5. The termination of the use of the Application will not incur any costs for the Participant.
  6. The User may uninstall the Application from his or her Mobile Device at any time, but uninstallation will not constitute the termination of the use of the Application. The User will be able to reinstall the Application on the same or another Mobile Device and continue to use the Application.

§ 14 AMENDMENTS TO THE TERMS OF USE

  1. The Service Provider may amend the Terms of Use or issue new Terms of Use for important reasons such as:
    1. change in the generally applicable law having a direct impact on the content of the Terms of Use and resulting in the necessity to amend the Terms of Use,
    2. change in the interpretation of legal regulations by courts or public authorities having a direct impact on the content of the Terms of Use and resulting in the need to change the Terms of Use,
    3. a ruling or decision by a court or public authority having a direct impact on the content of the Terms of Use and resulting in the necessity to change the Terms of Use,
    4. introduction of new rules of using the Application,
    5. introduction of new features in the Application, and in particular extension of the scope of services provided through the Application,
    6. lack of possibility to provide services through the Application on the existing conditions,
    7. preventing violations of the law, violations of the Terms of Use or preventing frauds,
    8. removing any ambiguities or doubts as to the interpretation of the content of the Terms of Use,
    9. change of the Service Provider's data.
  2. The Service Provider will notify the User of any amendment to the Terms of Use or the issuance of new Terms of Use by sending the amended (with details of the amendments) or new Terms of Use via the Application/e-mail (to the address provided by the User upon registration) at least one month in advance, unless legal provisions require prior entry into force. The notification will indicate the date of entry into force of the amendments to the Terms of Use or the new Terms of Use.
  3. In order to continue using the Application, the Participant must accept amendments to the Terms of Use or the new Terms of Use by selecting a respective option in the Application / clicking on the respective link provided in the e-mail message. In the event that the User does not wish to accept amendments to the Terms of Use or the new Terms of Use, the User may terminate the use of the Application in the manner specified in § 13 Section 2 of the Terms of Use.
  4. Amendments to the Terms of Use or issuing the new Terms of Use will not affect the rights acquired by the Participant prior to their effective date.

§ 15 FINAL PROVISIONS

  1. The law applicable to the relationship under the Terms of Use, including the agreement for the provision of electronic services through the Application, as well as the agreement for the provision of Newsletter services, and for the resolution of any disputes arising therefrom, is British law.
  2. Any disputes arising from the Terms of Use and the agreement for the provision of electronic services through the Application, as well as agreements for the provision of the Newsletter service will be settled by a competent common court of law.

APPENDIX 1 TO THE TERMS OF USE

INSTRUCTIONS ON WITHDRAWAL FROM THE AGREEMENT

concluded off-premises

(in accordance with the Act of 30 May 2014 on Consumer Rights)

Right of withdrawal from the agreement

  1. You have the right to withdraw from both the agreement for the provision of electronic services through the Application and the agreement for the provision of electronic Newsletter services within 14 days without stating any reason. Withdrawal from the agreement for the provision of electronic services through the Application will be tantamount to withdrawal from the agreement for the provision of electronic Newsletter services, but not vice versa.
  2. The deadline for withdrawal from the agreement expires after 14 days from the date of conclusion of each of these agreements, i.e. from the date of creating an Individual User Account and from the date of ordering the Newsletter service, respectively.
  3. In order to exercise your right of withdrawal, you must inform us, i.e. Semble8 LTD with its registered office in London (address: 86-90 Paul Street, London, England, EC2A 4NE, e-mail address: office@semble8.com of your decision to withdraw from the agreement by means of an explicit statement (for example, a letter sent by post, fax or e-mail).
  4. You may use the template withdrawal form, but this is not mandatory.
  5. In order to keep the deadline for withdrawing from the agreement on participation in the Program, it is enough for you to send us a notice concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.

APPENDIX 2 TO THE TERMS OF USE

TEMPLATE WITHDRAWAL FORM

(this form must be completed and returned only in the event of withdrawal)

- the addressee:

Semble8 LTD with its registered office in London,
86-90 Paul Street, London, England, EC2A 4NE,
e-mail address: office@semble8.com

I/We(*) hereby give notice of my/our withdrawal (*) from the agreement for the provision of electronic services through the Application / agreement for the provision of electronic Newsletter service(*)
Date of conclusion of the agreement ______________
Name of the consumer(s) __________________________________
Address of the consumer(s) _________________________________________
Signature of the consumer(s) _______________________________________
Date ______________________

(*) Delete as appropriate.