Club VIPS Terms and Conditions

Date: April 18, 2018

TERMS AND CONDITIONS FOR “CLUB VIPS” CARDS

What follows are the terms and conditions which shall govern the request, operation and use by the User of a physical or virtual Club VIPS card (hereinafter, the “Club VIPS Terms and Conditions”).

People who become members of Club VIPS through the Club VIPS Application for mobile devices (hereinafter, the “Club VIPS App”) or the Club VIPS website (hereinafter, the “Website”) will receive a code associated to their personal Club VIPS account (hereinafter, the “Virtual Card”) just like the Club VIPS members who registered before the existence of the Website or Club VIPS App (whether they registered via said Site in the Club before deployment of the Club VIPS App or not) have a physical card (hereinafter, the “Physical Card”). These members may register through the Club VIPS App to receive their Virtual Card as well as their Physical Card.

For the purposes of these Club VIPS Terms and Conditions, both cards shall be jointly referred to as the “Accounts” or the “Cards”.

  1. The ownership and property of the Cards belong to SIGLA, S.A., assigned Spanish tax identification number A 28308484, with a registered address of Camino de la Zarzuela, 1 (28023) Madrid (Spain), registered with the Trade Register of Madrid under entry 118ª, volume 645, folio 69, page number M-13490 and with the email address legal@grupovips.com.

  2. These Cards are personal and non-transferable and without any cost (no issue, maintenance, premium or other fee) meaning they are completely free for the holder.

  3. Any natural person over the age of 14 residing in the European Union and with an address for notification purposes in Spain may be a holder (hereinafter, “the Holder Member(s)”). Employees of the issuing company, SIGLA S.A., other Grupo Vips companies and Franchises may not be holders.

  4. The Holder Member may register other people through the Club VIPS App and/or the Website (or through any other means Sigla, S.A. makes available to Users) so these people may be authorized members on the Account (hereinafter, “Authorized Members”). In cases where the Holder Member registers someone as an Authorized Member, the former shall in any case guarantee the accuracy of the information provided after first obtaining consent from said person to use their data and their agreement to the conditions of use of these Club VIPS Terms and Conditions for the Cards. The benefits earned by the use by the Authorized Members will accumulate in the same Account as the Holder Member. The Holder Member declares having informed the Authorized Members of the purpose of processing and the conditions of use of the Cards pursuant to the conditions of use of these Club VIPS Terms and Conditions.

  5. Requesting Cards, registering for Club VIPS promotions through the Website and/or through the Club VIPS App, appropriately completed, and/or the use of the Cards and/or the Club VIPS App implies express acceptance of the Club VIPS Terms and Conditions as well as the Rules for the promotions. Likewise, it implies authorization for the use of the database generated and the mailing of complementary commercial information via any means or communication medium (including email, push messages on your mobile device and SMS).

  6. These Cards are valid for all Establishments that have joined the program (restaurant companies comprising Grupo Vips, a list of which can be seen at www.grupovips.com and Franchises of the brands owned by Grupo Vips located in Spain and Portugal). Moreover, the Virtual Card may be used at any time to make Orders at Restaurants from the Club VIPS App pursuant to the Legal Terms. The issuing entity reserves the right to change the Establishments and/or Restaurants where the Cards are valid.

  7. The use of the card gives Card users the following benefits:

    • Receive 3 percent of the amount of a purchase or food or drink purchased at participating establishments in VIPS Cash. The VIPS Cash received monthly will be sent in multiples of 3 EuroVIPS. EuroVIPS bills will be worth double the face value when used to pay for food or drink at any participating restaurant establishments (not including products bought in stores, even if food) from 8 p.m. to close Monday to Thursday except holidays and holiday eves.

    • Participation in promotions Club VIPS offers members.

  8. Benefits may only be earned if the Physical Card is shown at the time of purchase or if using the Club VIPS App to order and pay. Benefits accumulated in an Account can never be transferred to another person.

  9. If, upon paying a bill, several members on different Accounts wish to use their Card, the sum of the VIPS Cash earned will be distributed equally among the Card Accounts indicated.

  10. There are three types of categories, classic, gold and platinum. All of them will be governed by the present conditions of use and assume for the Account (main member and authorized member), enjoy the benefits indicated in point 7 above for the classic category, in addition, for categories gold and platinum, of specific promotions for both categories, which will be announced publicly in advance through the Club VIPS App and the Club VIPS website and, as well as, through any other channels or channels considered appropriate for the program.

    Each Account may switch categories once they fulfill the consumption conditions for each of them between 1 August and 31 July. These conditions are:

    1. The “CLUB VIPS GOLD” category will be assigned to “CLUB VIPS CLASSIC” Accounts that accumulate a minimum of 9 EuroVIPS or 20 tickets at Starbucks.

    2. The “CLUB VIPS PLATIINUM” category will be assigned to “CLUB VIPS GOLD” and “CLASSIC” Accounts that accumulate a minimum of 24 EuroVIPS or 40 tickets at Starbucks.

    Accounts that fulfil the conditions of a higher category at the end of any month between 1 August and 31 July will automatically switch to the corresponding category. If the conditions for another higher category are fulfilled before 31 July, they will also access said category.

    “CLUB VIPS GOLD” and “CLUB VIPS PLATINUM” category Accounts which, at the end of each annual period (1 August to 31 July of the following year) that have not reached the consumption established for their category will automatically begin enjoying the conditions for the category that corresponds to their consumption. Notwithstanding the foregoing, Accounts which at the end of the annual period have not enjoyed said category for at least 12 calendar months will be reviewed upon the end of the following annual period.

  11. HOW TO UPDATE AN ACCOUNT CATEGORY.

    The EuroVIPS and/or Starbucks tickets accumulated from the prior 1 August will be calculated within the first 10 business days after the start of each calendar month. If the conditions established in point 10 above have been fulfilled, the change of Account category will be applicable upon notification and always within the calendar month following fulfillment of the conditions.

    For the purposes of calculating updates of the type of category, values accumulated by each Account shall be re-established at zero every 1 August.

    Actual purchases at the participating establishments will be calculated.

    SIGLA, S.A. will communicate changes in category through the means it freely deems appropriate at any given time, for example but not limited to push messages and/or email for Virtual Cards and regular mail for Physical Cards.

  12. PERSONAL DATA PROTECTION

    • 12.1. PERSONAL DATA CONTROLLER

      The data controller of your data is Sigla, S.A. (hereinafter, “Sigla” or the “Data Controller”), the registered address of which is Camino de la Zarzuela, 1, Madrid (Spain) (zip code: 28023). If you have any questions about data protection, you may write an email to the following address: oficinaprivacidad@grupovips.com.

    • 12.2. WHAT IS THE PURPOSE BEHIND SIGLA PROCESSING YOUR PERSONAL DATA?

      Pursuant to the provisions 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 (GDPR), Sigla hereby informs you that your data will be processed for the following purposes:

      1. To manage new member registrations. To be able to register you as a new member of Club VIPS, we need certain member identification details such as their full name, national identity document number, date of birth and email address. This personal information is essential to processing requests for registration as a new member meaning Sigla understands that they are essential data without which it cannot process requests for the service the new member requests.

        The member has several channels to register: The Club VIPS App, web service available at www.clubvips.com or through paper brochures found at the various establishments in the Club VIPS network.

        If a member wishes to register through our Club VIPS App and chooses the Facebook or Twitter option to do so, they must understand that in said cases those entities will provide us with their identification information (full name and/or username for the network in question).

      2. To issue physical Club VIPS cards. Exclusively in cases where a member registers using the paper brochure and once the data subject’s registration as a new member of Club VIPS has been processed, Sigla will issue a physical card for use at Club VIPS establishments only including the data subject’s name and member number assigned by Sigla. This processing is necessary to provide the service requested and is part of the member’s registration in Club VIPS.

      3. To conduct marketing actions. For Sigla, knowledge of registered members’ preferences is of great importance. Therefore, we process data as follows:

        1. Member segmentation based on the use of Club VIPS. Based on the use by the member of the services and tools made available by Club VIPS, Sigla may know the establishments where the member most regularly eats or makes purchases as well as any other use of Club VIPS or its tools by the member (such as restaurant menu consultations, their location, etc.) so as to create a member profile regarding how such member uses the Club VIPS services and tools in combination with the different establishments open to the public. These data will only be processed by Sigla meaning they will not be disclosed to any third party. Sigla believes that it holds legitimate interest to do the Club VIPS usage profiling given that it will only use the data generated in the relationship between the member and Sigla and any that may infer the use of Club VIPS without using any external sources. The member has the right at all times to object to the creation of such profile by communicating such objection as per the instructions provided in the section “How can I exercise my rights?”.

        2. To send commercial communications and for geolocation. Whether using the data relating to the user’s application usage profile or not and under their consent, Sigla will send members advertising on products and services related to Club VIPS and/or the establishments forming part of the club Vips network (promotions at restaurants, discount campaigns, launches of new products, the opening of restaurants near the member…).

          Under prior consent granted by the member via our Club VIPS App, these communications and offers may be made via push notifications which include balloons, waves, strips or sounds sent directly to the home screen on the member’s cell phone to notify them of the receipt of the communication. The member may at all times withdraw consent as referred to in the above paragraphs.

          Likewise and if the member has enabled push notifications and the geolocation function, the member may receive notifications of offers and promotions at participating Club VIPS establishments near the member’s location. Sigla will not receive any information on said position but rather will only send the corresponding push notification if the member has enabled both functions: push notifications and geolocation.

      4. To process Orders through the Club VIPS App. Club VIPS has a functionality in the Club VIPS App known as “Orders” so members may order at any of the Establishments if they wish. This processing is necessary if the member decides to order.

      5. To process reservations through the Club VIPS App. Club VIPS has a functionality in the Club VIPS App known as “Brands and Reservations” so members may book tables at any of the participating Club VIPS establishments if they wish. This processing is necessary if the member decides to make a reservation.

      6. To apply beneficial conditions through collaboration agreements with third parties. Sigla is constantly signing collaboration agreements with various entities in different sectors (such as ING and Mutua Madrileña). The member has the opportunity to take advantage of these agreements to receive the discounts and special conditions due to being a member as well as based on their relationship with the collaborating third party.

        Thus, Sigla will receive certain information such as the collaborating third party employee or client’s membership status. This information is necessary to fulfill the member’s request and apply the discounts, promotions and conditions agreed with the third party collaborator which are accepted by the member upon requesting application of said benefits.

      7. To process applications for Club VIPS credit/debit cards. Sigla may sign agreements with banks so they issue credit/debit cards associated with Club VIPS. Any application to the corresponding bank for the credit/debit card may involve the application of special Club VIPS benefits (such as: the issuance of EuroVips based on possible purchases made with the credit/debit card). Therefore, Sigla may receive the member’s information relating to total purchases (without details) made by the member with the credit/debit card from the corresponding bank each month or at other intervals in order to be able to apply the benefit offered by Club VIPS and the bank. This processing is necessary in order to fulfill the request by the member to the bank upon applying for the debit/credit card in question without prejudice to the use of said data by the bank for which Sigla is not liable. Currently, Sigla receives information from the bank “BBVA”.

      8. “One click” payment. Club VIPS has a functionality within its Club VIPS App known as “One click payment” which allows the member to link the functionality to their credit/debit card or PayPal account and, therefore, be able to pay for purchases at participating Club VIPS establishments directly with their cell phone through the Club VIPS App. This processing is necessary if the member decides to link their credit/debit card or PayPal account to the “One Click Payment” functionality in the Club VIPS App. The member is aware that they may at any time unlink their credit/debit card or PayPal account from the Club VIPS App which would then cease all processing and block the information.

      9. To manage incidents, complaints, suggestions and claims. Club VIPS has specific channels so the member may send complaints, suggestions or claims. Likewise, Sigla may share these data with Grupo Vips entities affected by the member’s request including third-party franchisees if the complaint, suggestion or claim affects establishments owned by franchisees associated with the Group.

        Likewise, Sigla will access the personal data necessary to be able to duly process the incident filed by the member.

        All of the processing mentioned is necessary to manage the request made by the member.

        A list of entities comprising Grupo Vips is available to members under section 1.1 of the “Terms and Conditions of Use”, which is accessible via the following link: https://www.grupovips.com/en/legal.

      10. Club VIPS Surveys. Based on the legitimate interest it holds, Sigla may send its members surveys on the quality of the services and products consumed at participating Club VIPS establishments as well as surveys on the future launch of products to the market in order to determine the acceptance of said potential products by members. Sigla believes it has legitimate interest to send and process these surveys given that it is an incentive for constantly improving the quality of its services and products as well as the possibility of determining which new products will be better accepted by members who will voluntarily have the opportunity to offer their opinions on said new products just because they are members. Nonetheless, the member may object to the receipt of said surveys at the time of collection as well as upon sending any later surveys by following the instructions in section “12.7. HOW CAN THE MEMBER REVOKE CONSENT?”.

      11. To prevent and detect fraud and unlawful use. Sigla will process the necessary information to prevent and, as applicable, detect possible fraudulent conduct by the member when using the various services offered by Club VIPS either through the Club VIPS App or any other channel. In such case, Sigla may share this information with the police forces and court authorities if it is believed said possibly fraudulent conduct must be known by said authorities. This processing is based on Sigla’s legitimate interest to protect its assets as well as its obligation to notify the public authorities of any conducts that may be contrary to current laws.

      12. To manage member rights. If the member exercises any or several of their rights pursuant to section “12.7. HOW CAN MEMBERS WITHDRAW CONSENT?”, Sigla will process said information in order to fulfill the request by the member.

      13. To register authorized third parties. Members may voluntarily declare up to four people so they, as authorized members on their account, may enjoy the promotions and offers applicable to Club VIPS members. Thus, Sigla needs the holder member to provide certain information on the authorized member or members (full name, email address…). This information will be used to register the authorized member.

      14. The member must be aware that upon declaring and communicating third-party data, they guarantee the veracity of the information communicated as well as having obtained unequivocal consent from said people to become authorized members and, as a result, has informed them of the implications of communicating their personal data to Sigla through Club VIPS.

    • 12.3. HOW LONG WILL WE SAVE YOUR DATA?

      The personal data to which there is access will be processed throughout the contractual relationship. To this end, Sigla will keep the personal data duly blocked once the contractual relationship ends throughout the prescription period for any actions that may derive from the relationship maintained with the data subject.

    • 12.4. WHO WILL WE DISCLOSE YOUR DATA TO?

      Sigla will only disclose its members’ data to:

      • Third parties, General State Administration organizations and public institutions, regional and local administrations, including jurisdictional bodies, it is legally required to disclose them to.

      • As applicable, the police forces and court authorities.

      • If you have a complaint, suggestion or claim involving any of our Grupo Vips companies with businesses open to the public, we will communicate your information to those entities. A list of entities comprising Grupo Vips is available to members under section 1.1. of the “Terms and Conditions of Use”, which is accessible via the following link: https://www.grupovips.com/en/legal.

      • If the request mentioned in the foregoing section involves a business owned by a third-party franchisee associated with Grupo Vips, we will communicate the information to said franchisee.

      • On the other hand, Sigla may collaborate with third-party service providers for the previously described aims and, therefore, they may have access to personal data as a result of the performance of the services contracted. In any case, Sigla follows strict criteria when selecting said third parties in order to fulfill its data protection obligations and signs the corresponding data protection agreement with them in which these third parties undertake to comply with their data protection obligations and, specifically, to comply with the legal, technical and organizational measures established when processing personal data for the purposes agreed and the prohibition of processing such personal data for other purposes or third-party assignment.

    • 12.5. HOW DID WE GET YOUR DATA?

      The personal data Sigla processes are those provided by the member when: (i) requesting registration in Club VIPS either through the Club VIPS App, website or by means of the physical form provided at establishments open to the public; and (ii) they use the different services or functionalities Club VIPS offers (accumulation of EuroVips due to their consumption, redemption of EuroVips, etc.).

      With respect to data relating to authorized members, the source of information is the very holder member who decides to declare the registration of third parties as authorized members. If there is any error in the inclusion of their personal data, we ask the authorized member to notify the incident via the following email address: oficinaprivacidad@grupovips.com.

      If said data relating to members who are family or friends of a Grupo Vips employee and the latter has registered them as members to be included in special Club VIPS benefit programs for family and friends of Grupo Vips employees, the source of information is the very Grupo Vips employee who registered them as members to include them in the corresponding program. If there is any error in the inclusion of their personal data, we ask the member to notify the incident via the following email address: oficinaprivacidad@grupovips.com.

      If the member applies for a credit/debit card with the bank with which Sigla maintains a collaboration agreement, Sigla will receive all purchases made by the member with the credit/debit card in question to apply the benefits offered and requested by said member.

    • 12.6. HOW DOES SIGLA OBTAIN CONSENT FROM DATA SUBJECTS?

      As necessary and as outlined above, Sigla will obtain consent from members through the specific boxes on online forms (web/App) or physical forms via the members’ voluntary positive actions.

    • 12.7. HOW CAN MEMBERS WITHDRAW CONSENT?

      Members may now and at any time later withdraw their consent granted for processing by sending an email to our Personal Data Protection Office at the address indicated above or by sending an email to oficinaprivacidad@grupovips.com.

    • 12.8. WHAT RIGHTS DO MEMBERS HAVE WITH REGARD TO DATA PROTECTION?

      Members may exercise, if they wish, their rights of access, rectification and deletion of data as well as request limitations on the processing of their personal data, oppose such processing, request the portability of their data and not be subject of individualized automatic decisions.

      If the member wishes to object to the processing of their data in relation to surveys or commercial profiles, the member may object via any of the following means: by sending notification to our Personal Data Protection Office at the address indicated above or by sending an email to oficinaprivacidad@grupovips.com.

    • 12.9. WHERE CAN YOU FILE COMPLAINTS?

      Any member who believes their data protection rights have been breached or who has a complaint relating to personal information may write to the Sigla Data Protection Officer at Paseo de la Castellana, 280, Madrid or send an email to oficinaprivacidad@grupovips.com. In any case, data subjects may contact the Spanish Data Protection Agency, the data protection control authority, at https://www.agpd.es. C/Jorge Juan número 6, 28001, Madrid. Tel. 901 100 099 / 91 266 35 17.

  13. Sigla, S.A. hereby reserves the right without prior written notification to cancel: (i) the Accounts that remain inactive for twelve months following the most recent movement meaning that once the Account is cancelled, all Club VIPS Cards will be cancelled for the Holder Member and Authorized Members associated with it; (ii) any Cards for Authorized Members of Club VIPS who are inactive for twelve months following the most recent movement; and/or (iii) all other Cards used improperly as well as deny access by them to the CLUB VIPS App and cancel the benefits accumulated through them up to that time through the following Services, among others, including but not limited to the Club VIPS Card, Club VIPS Wallet.

    Cancellation will involve cancellation of any accumulated EuroVIPS. Following such cancellation as referred in cases (i) and (ii) above, the affected members may request new registration as a member.

  14. Upon paying with EuroVIPS bills, a holder or authorized Card or Club VIPS App Card held by the Holder Member or an Authorized Member must be shown.

  15. The holder will be sent the VIPS Cash earned in multiples of 3 EuroVIPS each month at their home or through the Club VIPS App.

  16. EuroVIPS bills are redeemable at participating establishments at face value except as established below.

  17. If paying for a purchase or food or drink with EuroVIPS with a value that is higher than the sum of the bill, none of the remaining value will be returned in cash, other bills or in any other way.

    The EuroVIPS issued will expire on the date printed on each of the bills. Double-value EuroVIPS may not be used to pay for cell phone card recharges at food service establishments.

  18. The issuing entity will previously inform Holder Members and Authorized Members if it decides to make any change or cancel the benefits of the program, always respecting the benefits accumulated by the Holder Member.

By using our Services and accessing our Club VIPS App or Website, you consent to the collection of information and usage practices described on them, which are subject to change at any time. If we decide to modify the Club VIPS Terms and Conditions and/or the Terms and Conditions of Use of the Website and/or the Legal Terms of the Club VIPS App to adapt them to new laws or due to strategic corporate decisions, we will post the new ones on our Club VIPS App and/or Website and change the date at the top so you may accept them, as appropriate. Therefore, we ask that you check the date thereof each time you visit our Club VIPS App and/or Website in case there is any update or modification.

If you have any questions about the Club VIPS Terms and Conditions and/or the use of your information, you may send an email to: legal@grupovips.com or to clubvips@grupovips.com.