TERMS AND CONDITIONS FOR USING THE 'SneakerClub' MOBILE APPLICATION

 

PRIVACY POLICY

 

§1

GENERAL PROVISIONS

1. The following Terms and Conditions ('Terms') specify the rules for using the SneakerClub mobile application ('SneakerClub Application') and contain provisions regarding the privacy policy. The SneakerClub application will be referred to as the 'Application'.

2. Before downloading and installing the Application, the Participant is obliged to read the content of these Terms.

3. The Application is administered by its owner, i.e. Fashion Trends Group LLC, with its registered office in Żohatyn, Lipa 8, postcode 37-751, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Rzeszów, XII Commercial Division of the National Court Register, under the KRS number 0000690278, NIP number 7952542640, REGON number 367335288 ('Administrator').

4. The Application is software that works on mobile devices having access to the Internet and operating on the basis of Android, iOS or Windows operating systems, such as mobile phones, smartphones, palmtops, and tablets, which meet the minimum hardware requirements indicated in § 2 para. 4 of these Terms.

§2

TERMS OF USING THE APPLICATION

1. The Application may be used by adult natural persons who are consumers within the meaning of art. 22 (1) of the Act of 23 April 1964 of the Civil Code, hereinafter referred to as 'Users'.

2. The User may download the Application to his or her mobile device at any time. After downloading the Application, the User can install it on his or her mobile device. No fees are charged for downloading the Application or installing it.

3. In order to download, install and use the Application, with the exception of point 6 below, the User should have access to the Internet. The application can be downloaded, respectively for the operating systems of the mobile devices, from the Google Play store, iTunes, and Windows Store by searching for the name of the Application which is the object of interest of the User, i.e. 'SneakerClub'.

4. The minimum hardware requirements and types of mobile devices adapted for the Application are as follows:

a) The Application can be downloaded to mobile devices having access to the Internet and operating on the basis of the following operating systems: Android, iOS or Windows, such as, for example, mobile phones, smartphones, palmtops or tablets;

b) The minimum requirement for Internet access is the following Internet connection bandwidth: 2Mbit/s;

c) The minimum requirements for the operating system are the following: Android version 4.2 API 17, iOS 9.0, Windows 10 Build 14393.

5. The administrator may publish updates for the Application. For the proper functioning of the Application and usability of all of its functions, it is necessary to update the Application regularly. The change which consists of the updating of the Application is considered to be accepted no later than at the time of downloading this update to the mobile device of the User.

6. The application operates in online mode, i.e. when there is an Internet access enabled in the mobile device of the User. It is also possible to use some of the functionalities available in the Application in the offline mode. However, the Administrator does not guarantee that these functionalities are correct and up-to-date when during their operation in offline mode.

 

§ 3

RULES OF THE CLUB (PRINCIPLES FOR CALCULATING AND USING A DISCOUNT IN THE SneakerClub DISCOUNT PROGRAM)

1) Members of the Club, who participate in the SneakerClub bonus program, receive a Bonus Amount in the form of points, which is equivalent to 10% of the value of each purchase made in the SneakerStudio Stores. The Bonus is not subject to exchange for cash. The Bonus Amount is calculated and mathematically rounded to full zlotys.

2) The calculated Bonus can be used during subsequent purchases in the Stationary Stores or the Online Store only when purchasing goods that are not special products. The Bonus is used in the form of a discount on the completed purchases. The discount can not constitute more than 50% of the value of the purchased goods. In case when the calculated Bonus Amount, present on the account of the Member of the Club, constitutes more than 50% of the value of the purchased goods, the remaining and unused bonus remains on the account of the Member of the Club and may be used for subsequent purchases. In case when the calculated Bonus Amount, present on the account of the Member of the Club, constitutes less than or equal to 50% of the value of goods of a given purchase, the Member of the Club may use the entire Bonus Amount he or she has collected.

3) Bonus in the form of points will not be calculated, and cannot be used for the products which will take part in the Lottery. The regulations of the Lottery are set out in the 'Terms of the Lottery'. Products, which take part in the Lottery, will be listed in the attachment, 'Products participating in the Lottery', which is an integral part of the said Terms.

3) Bonus arising from a given transaction in the Online Store may be used after the period of 30 days from the realization of the sale in scope of a given transaction. The realization of the sale is understood as the date of sale fiscalization in scope of a given transaction. The fiscalization of sale occurs before the sending or releasing the goods to the Member of the Club.

4) In case of returning of the goods in scope of a transaction, for which the Bonus has been credited to the account of a given Member of the Club (including the case of accepting a complaint submitted by the Member of the Club through refunding the amount paid for the goods), the calculated Bonus will be reduced by the value resulting from the value of the returned goods.

5) The Program of the Club is not to be calculated together with other loyalty, promotional and partner programs available in the SneakerStudio store and it is not possible to use different programs in one transaction.

6) If the Bonus on the account of the Member of the Club has been calculated or used in a manner which is not compliant with the Terms, the Organizer shall be entitled to cancel a part or the whole of the calculated Bonus, about which the Member will be informed.

 

§ 4

FUNCTIONALITIES OF THE APPLICATION

1. After downloading and installing the Application, the User may:

a) View new collections of the SneakerStudio brand (applies to SneakerClub Application);

b) view promotional offers, information about contests, etc.;

c) join the 'SneakerClub' Regular Customer Program ('Regular Customer Program'), and then, take advantage of the benefits which are available to Regular Customers, in accordance with the Terms of the previously approved Terms of Regular Customer Program;

d) receive Push notifications about currently applicable promotions, provided that he or she has expressed their consent to it.

2. After joining the Regular Customer Program through the Application, the User may:

a) use the Regular Customer Program Card with the QR code provided in the 'Card' tab and collect the Regular Customer Program Points through the use of the Card ('Regular Customer Card');

b) view special promotional offers addressed to Regular Customers;

 

Komentarz tłumacza: podpunkt niekompletny. Podpunkt jest niezrozumiały z powodu brakującego słowa w dokumencie oryginalnym - na początku podpunktu brakuje czasownika określającego akcję, którą miałby wykonać Klient (takiego, jak w pozostałych podpunktach: a) “korzystać z”, b) “zapoznać się ze”, c) brak czasownika na początku podpunktu, d) “korzystać z”, e) “korzystać z”)

c) w salonach marki SneakerStudio oraz w sklepie internetowym www. SneakerStudio.pl dokonane z użyciem Karty Stałego Klienta (dotyczy Aplikacji SneakerClub);

d) take advantage of accessing the information on the amount of points he or she has collected in the Regular Customer Program;

e) take advantage of accessing, as well as use the possibilities of editing of the personal data which is processed for the purposes of the Regular Customer Program.

3. Joining the Regular Customer Program is voluntary and it allows the User to take advantage of the privileges which are provided for Regular Customers. The User may use the Application without being obliged to join the Regular Customer Program.

4. The User may cease the using of the Application at any time by uninstalling it from his or her mobile device.

5. Uninstalling the Application from the mobile device is not tantamount to resignation from participating in the Regular Customer Program.

§ 5

PRIVACY POLICY

1. The administrator of personal data of the Users, processed in scope of the Application is the Administrator, i.e. Fashion Trends Group LLC, with its registered office in Żohatyn, Lipa 8, postcode 37-751.

2. The personal data of the Users will be processed by the Administrator for purposes related to the use of the Application, participation in the Regular Customer Program, for purposes arising from legally justified interests realized by the Administrator, as well as on the basis of the consent of the User - for purposes that are consistent with the content of the granted consent, including the processing for commercial and marketing purposes, as well as for the purposes of sending the newsletter.

3. The processing of personal data of the Users is conducted in accordance with the Personal Data Protection Act, the Electronic Services Provision Act, the Telecommunications Law, as well as on the basis of the Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well on the basis of the repeal of Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as the ‘Regulation’.

4. The personal data provided by the Users will be processed on the basis of art. 6, para. 1, point a), point b), and point f) of the Regulation.

5. The personal data will be kept for the period of use of the Application, for the period of participation in the Regular Customer Program, as well as after the end of the User’s participation in the Regular Customer Program / end of use of the Application, for a period of time that is compliant with the provisions of the law, in the event of legally justified purposes of the Administrator, and on the basis of your consent - until the withdrawal of the consent.

 

6. Every User has the right to request accessing, rectification, deletion, or limiting of the processing of the personal data relating to him or her from the Administrator.

7. Every User has the right to withdraw his or her consent at any time without affecting the legality of the data processing which has been executed on the basis of the consent prior to its withdrawal.

8. Every User has the right to lodge a complaint with the Inspector General for the Protection of Personal Data (and, starting from the day of the creation of the new office, to lodge a complaint with the President of the Office for Personal Data Protection) in case in which he or she should decide that the processing of personal data regarding him or her infringes the provisions of the law.

9. The User has access to his or her personal data and the content of granted consents, as well as the possibility to edit/supplement them using the tools available in scope of the Application.

10. The personal data originate from the person to whom the data pertains.

11. The submitting of the data is voluntary, but necessary in order to participate in the Regular Customer Program/use some of the functionalities of the Application. The lack of providing of the personal data prevents participation in the Regular Customer Program/using some of the functionalities of the Application.

12. The personal data of the Users will be processed in the form of analytical, sales and marketing profiling, in order to adapt the materials, which are being sent by the Administrator, to the needs and interests of the Users, and for the purpose of conducting measurements that will allow the Administrator to improve the services provided by him. Binding decisions are not automated.

13. The Administrator informs that he will process, in accordance with provisions of the law, data regarding the number and type of the User's end device (including the IP number) as well as the time of connection between the User and the Application. This data is processed, in particular, for technical purposes as well as in order to collect general statistical data.

14. In case when the User joins the Regular Customer Program with the use of the Application, the relevant provisions of the Regular Customer Program Terms regarding the scope of data and the purpose of personal data processing are also applicable. The Regular Customer Program Terms can be accessed on the following website:
http://ftggroup.eu/regulamin-korzystania-z-aplikacji-mobilnej-sneakerclub

15. The user may also voluntarily provide information about his location (geolocation data) and agree to receive Push notifications.

16. The Administrator indicates that the data regarding the Users may be made available to the competent authorities that submit such a request, basing on an appropriate legal basis.

17. The Administrator will make every effort possible in order to protect the personal information of the Users from unauthorized access of other individuals and against its accidental loss/destruction, with the use of appropriate technical and organizational security measures.

§ 6

FINAL PROVISIONS

1. The Administrator reserves the right to change these Terms at any time.

2. The Administrator may withdraw access to the Application or its individual functionalities at any time. The Administrator may do so with a notification issued at least 14 days before the withdrawal, unless the Regular Customer Program Terms provides a different date (if it shall prove applicable in such cases).

3. In matters which are not covered by the provisions of these Terms, laws which are generally applicable on the territory of Poland shall apply.

4. Any complaints regarding the functioning of the Application will be considered within the time period of 14 days from the date of their submission.

5. These Terms shall apply from the date of their entry into force on June 5th, 2018.

Skawina, 5th of June, 2018.