2. REGISTRATION AND ACCOUNT
THE SERVICES RELATED TO THE LOYALTY PROGRAM ARE ADDRESSED TO USERS OF AN AGE OF SIXTEEN (16) OR ABOVE. THE ACTIVATION OF THE LOYALTY POINTS COLLECTION BEING SUBJECT, FOR USERS UNDER EIGHTEEN (18) YEARS, TO AN AUTHORIZATION OF THE PERSON(S) HAVING THE PARENTAL AUTHORITY.
In order to access the loyalty program and/or some of our Services through our mobile applications or websites, you may be required to create an account with Us. When creating your account with Us, you will have to complete the relevant registration process and you will be offered the following choices:
• create an account by using the references of the loyalty card already issued to you by Us (i.e., entering the code mentioned below the barcode of the loyalty card or scanning the barcode) and confirming your personal information (i.e., first and last names, birth date, address, gender, telephone number and email); or
• create an account by providing Us with the requested information (i.e., first and last names, email, birth date, address, gender and telephone number), and choosing a password; or
• create an account by using your Facebook or Google account.
In any event, you agree to provide accurate and complete information to Us, as well as to update such information if necessary.
Once created, the account will be automatically linked and associated to the loyalty card that We could have issued to you before the account creation.
If you are not the holder of a loyalty card issued by Us at the time of your account creation, the creation of the account will automatically trigger the creation of a loyalty card with Us. You acknowledge that the loyalty program and card are personal and reserved for individuals for their own and non-professional use. They cannot be transferred and the loyalty card is in no way a payment card. You agree that We may freely modify, suspend or terminate the loyalty program at any time and for any reasons.
In order to access the account, if you have chosen to connect by using your Facebook or Google account, you will be asked to log in with your password for Facebook or Google. In all other cases, you will be asked to log in with your email and chosen password.
You agree to immediately notify Us at the email address of your shopping center available on the following page email@example.com of any unauthorized use of your account to access the Services.
Please note that if you want to subscribe only to our loyalty program, without creating an account with Us for other Services offered through our mobile applications or websites or if you want to benefit from a physical loyalty card, please refer below to the specific provisions related to the loyalty card creation (“Specific provisions applicable to our Loyalty Program Service”).
3. EXTERNAL LINKS AND CONTENT
We may propose hypertext links from the Services, or from communication you receive from the Services, to third-party web sites or Internet sources. We do not control any of these web sites or Internet sources.
You expressly acknowledge that We are not in any case responsible or liable for any information, content, products, services or material available on third-party web sites or Internet sources, nor for any alleged or actual damages resulting from the access or use of such information, content, products, services or material available on third-party web sites or Internet sources.
4. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
If you use the Services, We will ask you to provide your personal data or information in order to provide the Services which require you to be authenticated and to manage and improve our commercial relationship. Some information is necessary for providing and managing the Services while other information allows Us to know you better and therefore to adapt our Services to your needs.
5. COOKIES POLICY
What are cookies
Cookies are small text files which are placed on your computer or mobile phone when you visit a website. They are widely used in order to make websites work or to work more efficiently. The cookies help website to recognize your device and remember information about your visit (e.g., your preferred language, font size, other preferences and information about your activity).
When access and use our website, we place cookies files in your web browser (“First party cookies”).
Third party cookies:
Moreover, We use :
- Google Analytics tools to help Us measure traffic and usage statistics in order to understand how visitors access and use our website. We use information collected through cookies to help improve our Services and to compile aggregate statistics about how our website is used by visitors. Please note that in this context, Google collects your personal information through the use of Google Analytics on our website for its own purposes. Learn more about how Google uses Google Analytics, and how it collects and processes data at https://www.google.com/policies/privacy/partners/.
- UX ANALYTICS tool by Content Square to help Us analyze the customer journey on our Website. We use the collected information to improve our website, notably its ergonomics, and to compile aggregate statistics about how our website is used by visitors (where they click on the page for example). Please note that in this context, Content Square can aggregate the information collected for its own use, in order to have anonymous statistics to improve its service and produce reports. Learn more about UX ANALYTICS at https://www.contentsquare.com/en_uk/privacy-policy/.
Please note that no profiling nor international transfer occurs with UX ANALYTICS.
The information is retained for a maximum period of thirteen (13) months. After this period, we will ask for your consent again.
How to manage your cookies preferences
At any time, you can express or modify your preferences regarding cookies. However, please note that if you block all cookies, you may not have full access to all functionalities and pages of our website.
Most browsers and devices allow you to manage your cookies preferences by changing your browser settings.
You may set your browser to :
• automatically refuse or accept all cookies ;
• automatically refuse or accept first party cookies and/or third parties cookies;
• notify you before any cookies are saved, giving you the chance to decide whether to accept it.
• Internet Explorer (http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies)
In addition, if you do not want:
- Google Analytics to be used in your browser, you can:
• install the Google Analytics browser add-on at https://tools.google.com/dlpage/gaoptout;
• use the ad settings;
• use the mobile ad settings;
• opt-out through the Network Advertising initiative consumer opt-out system accessible at the following link: https://optout.networkadvertising.org/#!/
- UX analytics by Content Square to be used in your browser, you can :
• Follow this link: http://optout.content-square.net/, select “I WANT TO OPT-OUT” and click on “SUBMIT”.
In addition, you may wish to visit www.aboutcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers.
Moreover, you can use another online service enabling you to manage the advertisement cookies placed our your devices: http://www.youronlinechoices.com/
6. INTELLECTUAL PROPERTY
6.1 Our Content
The Services, which include any software used in connection with the Services, and all of their contents (including, but not limited, to texts, editorial content, database, page design, operating software, photos, images, graphics, videos, sounds, maps, logos, trademarks, information and any elements of all and every kind comprising the Services) (collectively “the Content”) are protected by applicable legislations on author’s right, copyrights, trademarks, service marks, patents or other proprietary rights and are owned, controlled or licensed by or to Us.
We grant you a personal, non-exclusive, worldwide, non-transferable, limited and revocable license to enter and use the Services only for personal use on any computer or mobile device, for the duration of the use by you of the Services.
Failure to comply with these provisions constitutes an infringement and may result in civil and/or criminal sanctions. We or our licensors reserve the right to take legal action against anyone who does not comply with these provisions.
6.2 Your Content
You may generate, post, upload, input, submit or make available through the Services information, texts, editorial content, photos, images, graphics, videos, sounds, messages, logos, trademarks and any materials of every kind that you submit, store or share while using the Services (collectively “Your Content”).
You retain the ownership and any other property rights you hold in Your Content. However, by generating, posting, uploading, inputting, submitting or making Your Content available through the Services, you agree to grant Us and our affiliated companies a worldwide, royalty-free, non-exclusive, sublicensable and transferrable license to use, reproduce, represent, publicly display, publish, adapt, reformat, exploit and translate Your Content in any medium and in connection to the Services to the extent permitted by applicable law. This license will last until the expiration of a one-year period following the closure of your account, whatever the reasons for such closure.
7. YOUR RESPONSIBILITIES
7.1 User Content and Conduct
Services functionalities allow you to share Your Content and information via the Services, including sharing information on social networks. However, you are and shall remain, in all circumstances, solely responsible and liable for the use of the Services and for all of Your Content.
You agree not to use any of Your Content or the Services for any unlawful or inappropriate purposes including, but not limited to:
• posting, providing, inputting, uploading, submitting or otherwise any of Your Content to the Services that is contrary to public order and morality, unlawful, threatening, stalking, harassing, violent, abusive, harmful to others, tortuous, defamatory, obscene, libellous, insulting, pornographic, invasive of another's privacy, hateful, or racially, ethnically, discriminatory or otherwise objectionable, or which promotes or encourages illegal activity;
• posting, providing, inputting, uploading, submitting or otherwise any of Your Content to the Services that infringes any laws or regulations or third party’s rights, including any copyright, trademark, trade secret, patent, intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
• posting, providing, inputting, uploading, submitting or otherwise any “spam”, marketing materials, unsolicited or unauthorized advertising, or any other form of solicitation via the Services;
• using any viruses, time bombs, cancelbots, malware, worms, malicious code, defects, Trojan horses, corrupted files or any other computer code, files or programs designed to disrupt, destroy, limit or impair the normal operation of the Services, servers or networks connected to the Services;
• harming or attempting to harm children in any way;
• creating fake identity for the purpose of misleading others;
• using technology, automated systems such as “bots”, “spiders”, or “crawlers” or other means to collect or access unauthorised content or non-public spaces;
• using any data mining, robots, or similar data gathering and extraction tools;
• attempting to test, probe or scan the vulnerability of any system or network connected to the Services or breach security or authentication measures;
• advertising or offering to sell or buy any goods or services for any business purpose.
We do not monitor Your Content placed on the Services. However, We reserve the right, but do not assume the obligation, to review Your Content and to remove or delete, at our sole discretion, any of Your Content that does not comply with these Terms or Use. We also do not monitor or restrict communications between users via the Services.
You expressly acknowledge that if you access the Services, you may receive or be exposed to content, goods or services that you may consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. To the extent permissible under applicable laws, you agree that We are not liable for any action with respect to any such content on the Services. However, if you identify any unlawful content, please notify Us at the email address of your shopping center available on the following page firstname.lastname@example.org
7.2 Your Liability
You are entirely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not responsible for any consequences resulting from the use of your account by an unauthorized third party. You are also responsible for all activities that occur under your account. We encourage you to choose a strong password and regularly change your password in order to limit the risks of unauthorized access to your account.
You are and shall remain, in any circumstances, solely responsible for Your Content you transmit to the Services, your use of the Services and all activities undertaken under your account. Consequently, you are responsible for properly configuring or taking all appropriate measures to maintain appropriate security, protection and backup of Your Content, including your own data and/or software stored on your computer and/or mobile device against any attacks.
You understand and agree that you access, download or otherwise obtain information, material or data using the Services at your own discretion and risk and you are solely responsible for any damages to your computer system or loss of data that result from the download of such information, material or data.
You must provide all equipment (including computer, mobile device, etc.) to access and use the Services, in compliance with applicable laws and regulations, including but not limited to intellectual property rights laws.
8. OUR RESPONSIBILITIES
The Services provided by Us are for information purposes only. Although all reasonable efforts are provided to ensure that the Content of the Services is current accurate, complete, up-to-date, the Services are provided by Us on an "as available" basis without any warranties. You expressly agree that your use of the Services is at your sole risk.
To the full extent permitted by applicable law, We are not liable for (i) damage, loss or any consequences arising from any use of the Services or their Content, or for Your Content you may release on the Services, and (ii) to you for any indirect damages or losses, as well as any immaterial damages, damages for loss of profits, revenues, usage or data resulting from the use or operation of the Services.
You expressly acknowledge that (i) the Services are not error-free or free of virus, (ii) the connection to the Services implies the risks inherent to any connection and transmission on the Internet and mobile phone networks, in particular with respect to the data transfer speed, information query or consultation response time and technical performance, (iii) We have no control over third parties networks or websites you may access in the course of your use of the Services, (iv) We are not liable for any loss of data, failure to store, misdelivery or untimely delivery of any data or material through the Services, and (v) We disclaim all warranties, whether express or implied, including warranties of merchantable/satisfactory quality or fitness for purpose or need of the Content and the Services.
9. SPECIFIC PROVISIONS APPLICABLE TO OUR LOYALTY PROGRAM SERVICE AND PHYSICAL LOYALTY CARD
In order to benefit from our loyalty program, you should create a specific account (the “Loyalty Account”) with Us as described below. If you want to benefit from a dematerialized version of the loyalty card and/or from other Services offered by Us through our mobile applications or websites, including the loyalty program, please refer above on the general provisions related to registration and account (“Registration and Account”).
Our loyalty program card is made available to you on request through one through our website: (i) visit our website and complete the registration form related to the loyalty program available on our website or use your Facebook or Google account; (ii) an identifier will be assigned to you and sent by email; (iii) print the email and go with this email to the reception of the relevant shopping centre; and (iv) the hostess will immediately establish and deliver you your personal loyalty card.
Once your Loyalty Account created, if you decide to benefit from our other Services or from a dematerialized version of the loyalty card, please refer above on the general provisions related to registration and account (“Registration and Account”), in particular on the way to create an account by using the references of the loyalty card already issued to you by Us.
10. RIGHTS AND LIABILITY
OUR LOYALTY PROGRAM IS FREE OF CHARGE AND ALLOWS YOU TO BENEFIT FROM OFFERS, PROMOTIONS AND INFORMATION RELATED TO OUR LOYALTY PROGRAM AS FURTHER DESCRIBED BELOW.
You acknowledge that the loyalty program and card are personal and reserved for individuals for their own and non-professional use. They cannot be transferred and the loyalty card is in no way a payment card. You are entirely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not responsible for any consequences resulting from the use of your Loyalty Account by an unauthorized third party. You are also responsible for all activities that occur under your Loyalty Account. You agree to immediately notify Us at the email address of your shopping center available on the following page email@example.com of any unauthorized use of your Loyalty Account to access the Services.
The creation of a Loyalty Account is limited to one per person (same name, same e-mail address).
The system embodied within the loyalty card is based on RFID (Radio Frequency Identification) technology. RFID consists in using electromagnetic fields to transfer data, for the purposes of automatically identifying and tracking tags attached to the loyalty card.
However, if this process does not suit you, please use the dematerialized version of the loyalty card available via our mobile application.
11. OFFERS AND BENEFITS
Within the Loyalty Program, the user can benefit from:
- Special offers and deals throughout the entire duration of the membership. All the offers are regularly updated on our website;
- Loyalty Points Collection for purchases and reception of cashback
- Access to premium services (Fashion stylist) which you can benefit from once in a given fiscal year
- Additional free parking hour
- Unlimited Wi-Fi access
- VIP invitations
12. SPECIFIC PROVISIONS APPLICABLE TO OUR “LOYALTY POINTS COLLECTION”
a) Participating Store(s)
Participating Store(s) means all stores of our shopping centres except for:
- Bank establishments / cash dispensers
- Ephemeral boutiques / pop-up stores
- Vending machines (food, beverages)
- Click and Services
- Casino games / loteries
- Purchase made online (including Click & Collect)
- Non-retailer amenities (e.g. swimming pool, medical offices…)
Purchase means a purchase of 30 (thirty) Zloty or more made in the Participating Stores (on-line purchases are expressly excluded) with the receipt has been added in the dedicated interface reachable via the Loyalty Account.
c) Eligible Establishment
Eligible Establishment means any of the Polish establishments (or establishments with a permanent establishment in Poland) mentioned in the list reproduced in Appendix 1.
Please note that, pursuant to Transaction Connect’s (entity responsible for synchronisation with your bank account and analysis of receipts provided by you) discretionary power in this respect, any establishment may be withdrawn from the list of the Eligible Establishments without creating any right to compensation or reimbursement to your benefit.
d) Synchronized Account
Synchronized Account means the account synchronized with your Loyalty Account.
The Account may be a bank account.
e) Mean(s) of Payment
Mean(s) of Payment will refer to the mean(s) of payment (i.e., payment card(s)) linked to your Synchronized Account.
Please note that, as it is your bank that is synchronized:
- all Mean(s) of Payment linked to your Synchronized Account will trigger the points collection; and
- you do not need to update your information in case of change of your Mean(s) of Payment (i.e., when you receive a new payment card for example).
12.2 Activation of the Loyalty Points Collection
In order to benefit from our Loyalty Points Collection:
- you will need to have a Loyalty Account; and
- you will need to activate the points collection either:
• by synchronizing your bank account with your Loyalty Account. Your bank establishment should be listed as an Eligible Establishment.
• by adding your receipts of Purchase in the dedicated interface
- you will need to synchronise your credit or debit card with you Loyalty Account in order to receive possible cash payment directly to your banking account after reaching the required amount of points.
Please note that the synchronisation with your bank account, the analysing of your receipts of Purchase and cashback payment will be handled by Transaction Connect (a French company with headquarters at 86, rue du faubourg St Denis 75010 Paris, registered with the Registry of Commerce and Companies of Paris under number 822 619 185) and its subcontractors.
The activation of the Loyalty Points Collection is made available to you through one of the following options, through our website and mobile app:
- when first subscribing to the Loyalty Program: visit our website or mobile app and complete the dedicated registration form to activate the Loyalty Points Collection; or
- at any time after your registration with the Loyalty Program: a link will be available in your Loyalty Account to enable you to activate the Loyalty Points Collection.
When you choose to activate the Loyalty Points Collection by synchronizing your bank account you will be required to provide to Transaction Connect the following information : Establishment’s name / Type of account / Customer Banking ID / Customer Banking account code/other data that may be required by the Establishment and accept the synchronization of your account with your Loyalty Account.
You agree to provide accurate and complete information, as well as to update such information as often as necessary.
12.3 Benefits of the Loyalty Points Collection:
a) Cashback offers
Each Purchase made with the Mean(s) of Payment in the Participating Stores will generate loyalty points as follows:
- Participating Stores: 30 points per Purchase (per day)
Once you reach 300 points:
You will be entitled to receive a cashback offer of 30 (thirty) Zloty at the only condition that you make an additional Purchase with the Mean(s) of Payment in one of the Participating Stores, within 2 (two) months from the day you reach the 300 points.
Please note that the above mentioned cashback will be paid directly upon presentation or your credit/debit card details, within 7 (seven) days maximum from the day of the additional Purchase.
Please note that you will be entitled to have a maximum of 5 (five) cashbacks per Loyalty Account per year. The year is counted from the date of activating the Cashback function in the Loyalty Program.
b) Personalized offers
Based on your Purchase(s), We will do our best to negotiate with the Participating Stores some personalized offers for your benefit.
12.5 Loyalty Points validity
Your Loyalty Points will be valid for a duration of 12 (twelve) months from the day of your last Purchase with the Mean(s) of Payment in the Participating Stores.
The Loyalty Points have no commercial value (except for the cashback benefit) and shall not be sold or transferred to a third party.
12.6 General information about the Loyalty Points Collection
- Upon the day of your activation of the Loyalty Points Collection, the Purchases made in the Participating Stores with the Mean(s) of Payment will be taken into account subject to the conditions set forth hereinafter.
- We decline all responsibility if your Mean(s) of Payment are not accepted in the Participating Stores or subject to a minimum amount of payment.
- Please note that any Purchase made in several payment instalments will not trigger the Loyalty Points Collection.
- You acknowledge that the Loyalty Points Collection is personal and reserved for individuals for their own and non-professional use. They cannot be transferred.
- You agree that We may freely modify or suspend the Loyalty Points Collection at any time and for any reasons, as specified in article 16, notably, without this being limitative We may freely suspend the possibility to add your receipts of Purchase.
- Several Purchases made the same day in the same Participating Store or in two Participating Stores belonging to the same company and/or acting under the same trademark/denomination will be accounted for only one Purchase for the Loyalty Points Collection.
- As specified in the definition of Purchase above, a spending minimum of 30 (thirty) Polish Zlotys is required per Purchase.
- The number of articles purchased is not taken into account.
- In case of joint bank account: one bank account can be synchronized with only one Loyalty Account of our shopping centre. However, all Means of Payment linked to the joint account will trigger the points collection, for the benefit of the Loyalty Account synchronized with the joint bank account.
- When the Loyalty Points Collection is activated by the addition of the receipts of Purchase, the receipt(s) that will be taken into account are the one corresponding to the Purchase(s) made the day of the adding and within the limit of five (5) receipts per day.
- When the Loyalty Points Collection is activated by adding your receipts of Purchase the bank details that will be provided will not be accepted for another loyalty account.
12.7 Compliance with the present specific conditions
The deletion/new creation of Your Loyalty Account and/or the deactivation/new activation of the Loyalty Points Collection does not allow you to benefit from more than 5 (five) cashbacks per year.
Subject to your prior consent, information related to your location within our shopping centre may be collected and processed by Us while you are authenticated on our mobile applications for the purposes of measuring the frequency and duration of your visits and your itineraries within our shopping centre. On the basis of such frequency, duration and itineraries, subject to your prior consent, We will grant you loyalty advantages and promotional materials.
The first time that you authenticate on our mobile application, We will seek for your consent to enable the geolocation of your mobile device. If you accept the geolocation of your mobile device, this will be effective immediately and for any further connections on our mobile application and for any further visits in our shopping centre. You may disable the geolocation of your mobile device at any time through your mobile settings.
13. ADDITIONAL SERVICES
We have developed the new services called Smart Park in order to improve your experience when visiting our shopping centres.
When you log on to your user account in order to use the « Smart Park » service, We process personal data in order to enable to geolocate your car in the parking areas of our shopping centres. However, if you do not log on to your user account, no personal data will be processed.
In addition, we may process your personal data as a result of using « Smart Park » service, to inform you of any new services that We could develop and which may be of interest for you.
17. SUSPENSION/MODIFICATION OF THE LOYALTY PROGRAM
Please note that we will be entitled to modify/suspend the Loyalty Program described, including the Loyalty Points Collection, at any time, without any right to compensation or reimbursement to your benefit.
18. APPLICABLE LAW AND JURISDICTION
Appendix 1: List of Eligible Establishments
1/ Eligible Banking Establishments
ING Bank Slaski
Santander Bank Polska