GENERAL TERMS AND CONDITIONS OF THE HEALTHY CLUB PROGRAM

THE HEALTHY CLUB LOYALTY PROGRAM

The General Terms and Conditions (hereinafter, the “GT&C”) detailed below are intended to define the characteristics and operating conditions of the loyalty program called “THE HEALTHY CLUB” (hereinafter, indistinctly the “Program” or “CLUB”) aimed at customers and potential customers (hereinafter, the “Participant” or the “Participants” or “HEALTHY” users), the responsible company being Healthy Poke S.L, with Tax ID (CIF) B88327853 and registered office at Calle de la Basílica 19, postal code 28020, Madrid.

Joining the Program means that the Participant knows and accepts, in full and expressly, these GT&C. In view of the above, we especially recommend that all Participants read these GT&C carefully.

1. REQUIREMENTS TO PARTICIPATE IN THE PROGRAM

In order to participate and be part of THE HEALTHY CLUB, it will be essential to meet each and every one of the requirements mentioned below, as well as any others resulting from these terms, at the time of joining the Program:

  • Be a natural person, of legal age.
  • Residence in Spain.

Likewise, those persons who, prior to the new launch of the Program, are registered as HEALTHY users may also benefit from the advantages it offers, together with the new advantages indicated in later sections. Notwithstanding the above, said users may, at any time, unsubscribe from the Program as detailed in the following sections.

2. HOW TO JOIN THE PROGRAM

Those who wish to join the Program must register through https://portal.cheerfy.com/?portal_id=60b32edbf4df4a3692611e2e84c47e20, except for those already previously registered as HEALTHY users, in which case they will continue by default.

Joining the program may be carried out in the following way:

Online, through the page https://portal.cheerfy.com/?portal_id=60b32edbf4df4a3692611e2e84c47e20 (hereinafter “Website”).

Joining the Program will be completely free for the user.

Each account is personal, non-transferable and registered to a single name, so it may not be shared between several people.

3. PROGRAM SPECIFICATIONS

THE HEALTHY CLUB consists of the accumulation of points (hereinafter, the “Points”) through which a series of benefits are obtained.

HEALTHY POKE reserves the right to verify the identity of any Participant in any circumstance related to the Program (for example, purchases, exchanges or returns, accumulation and/or redemption of points, application of associated advantages, etc.). This identification may be carried out at:

  • (a) Physical establishments: the Participant may be asked to identify themselves through personal data or a digital card (ewallet) that they can display on their mobile device.
  • (b) Website: through the data linked via registration on the website.

3.1 Accumulation of points

Once the User and/or Participant identifies themselves, whether at a physical establishment or through the website https://healthypoke.com/, they can accumulate points generated after the purchase of products. For each product purchase made by the identified User or Participant, they can accumulate points with the following conversion:

1 (€) euro spent on the retail price (taxes included) = 1 point

3.2 First registration

Once the User or Participant registers for the first time in the Program, they can benefit from a free cookie to be redeemed on their next visit, after twenty-four (24) hours.

They will receive the reward through the email address associated with their registration.

3.3 Birthday

Only once (1) a year, the Participant will be rewarded with a coupon based on the level they belong to, if they have provided their birthday date at the time of registration.

The User or Participant will be rewarded with:

  • If they belong to the Balance level, they will get €5 as a gift with a minimum order of €12.
  • If they belong to the Prime level, they will get €12 as a gift with a minimum order of €20.
  • If they belong to the Nirvana level, they will get €20 as a gift with a minimum order of €25.

This gift will expire fourteen (14) days from the day of its activation. After this 14-day period, the coupon will be deactivated if the user does not use it.

4. GENERAL RULES

Below are the general operating rules regarding the accumulation and redemption of points:

  • In the case of purchases through the official Healthy Poke website, the costs associated with shipping will not entail the accumulation of points.
  • Both the accumulation of points and their redemption will be calculated in whole numbers (i.e. rounded amounts, without decimals).
  • The accumulated points will be updated within a maximum of forty-eight (48) hours.
  • Healthy Poke S.L does not guarantee the availability and continued operation of the Program when there are technical reasons or reasons of force majeure.
  • Healthy Poke reserves the right to disqualify any person who, in its opinion, manipulates the participation process or the operation of the program, or acts in violation of these Legal Terms.
  • Healthy Poke is not responsible for any anomaly in the operation of the Website and/or any other element related to the program that, for technical or other reasons, could interrupt, suspend or prevent the development, delivery of gifts and enjoyment of the prizes.

5. LEVELS

The program is divided into three levels. Detail of levels and rewards:

LEVEL POINTS TO ACCESS WELCOME REWARD
Balance 0 Free cookie
Prime 101 points Free main (drink + main)
Nirvana 301 points Free full menu

When starting each level and throughout the accumulation of points, the user will receive different benefits (coupons).

All coupons received by the user throughout their journey within the program will be valid for a maximum of 30 days. After this period, these coupons will be deleted.

Once the coupon has been used, it will be immediately disabled from the customer’s account.

In addition, depending on the level associated with the user and/or participant, they will be granted a discount percentage for future purchases:

  • Balance level: 10% discount for their next purchases.
  • Prime level: 15% discount for their next purchases.
  • Nirvana level: 20% discount for their next purchases.

These discounts (10%, 15% and 20%) cannot be combined with other promotions, menus or special discounts.

6. UNSUBSCRIBING FROM THE PROGRAM

Those users who wish to cancel their membership in the program will be automatically unsubscribed from their account as Healthy users, the main consequence being the loss of the points accumulated up to that moment, with no possibility of recovering them afterwards.

7. DATA PROTECTION

In compliance with current regulations on the protection of personal data, Healthy Poke informs THE INTERESTED PARTY of the following basic aspects regarding privacy and data protection:

BASIC INFORMATION ON PERSONAL DATA PROTECTION

  • Data controller: Healthy Poke S.L
  • Purpose of the processing:
    • Management of the commercial promotion and delivery of prizes to the winners.
    • Compliance with legal obligations.
    • Advertising and promotion of products and services.
  • Legal basis for the processing:
    • Compliance with legal obligations.
    • Consent of the data subject.
  • Recipients:
    • Public Bodies and Administrations.
    • Notaries and Registrars.
  • Rights of the data subject: to access, rectify and delete the data, limit its processing, object to the processing and exercise their right to the portability of personal data.
  • Full information on data protection: additional and detailed information can be consulted below.

Who is responsible for the processing of personal data?

The data controller is Healthy Poke S.L., with Tax ID B88327853 and, for these purposes, with address at C/ de la Basílica 19, 28020 Madrid (hereinafter, the ENTITY).

The ENTITY has a Privacy Committee and has also enabled the following communication channel: info@healthypoke.com

What are your rights in relation to how we process your data?

The ENTITY informs you that you have the right to access your personal data and obtain confirmation of how said data is being processed. Likewise, you have the right to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected by the ENTITY.

In certain circumstances, you may request the limitation of the processing of your data, in which case the ENTITY will only keep it for the exercise or defense of possible claims.

Likewise, also in certain circumstances, the customer may object to the processing of their personal data for the purpose reported by the ENTITY. In that case, the ENTITY will cease processing the personal data, unless there are legitimate reasons, or to guarantee the exercise or defense of possible claims.

Finally, the customer may request the right to portability and obtain for themselves or for another service provider certain information derived from the relationship formalized with the Entity.

Such rights may be exercised through the following channels, identifying in your request the reference “Data Protection – Healthy Poke Promotion, LOYALTY CLUB”.

  • Letter addressed to Healthy Poke, for the attention of the Privacy Committee, at the address C/ de la Basílica 19, 28020, Madrid.
  • By letter addressed to Healthy Poke at the email address info@healthypoke.com.

In both cases, it is required to prove the identity of the person exercising their rights, by sending a copy of both sides of their DNI, NIE, Passport or equivalent document.

The ENTITY will provide the requested information within a maximum period of one month from receipt of the request. This period may be extended by a further two months if necessary, taking into account the complexity and number of requests.

You may withdraw your consent at any time, in the event that consent has been given for a specific purpose, without this affecting the lawfulness of the processing based on the consent prior to its withdrawal.

You may file a claim with the competent Supervisory Authority for data protection. However, in the first instance, you may file a claim with the Healthy Poke Privacy Committee, which will resolve the claim within a maximum period of two months.