Terms and Conditions of the Loyalty Program "Your KAYA togetHER"

§1 General provisions

1. The Organiser of the Loyalty Programme “Your KAYA togetHER” (hereinafter referred to as the “Loyalty Programme” or “Programme”) is Bright Future, a limited liability company with its registered office in Wrocław, address: ul. Duńska 9, 54-427 Wrocław, entered into the register of entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under the KRS number 0000692159, NIP 5213792944, REGON 368186614, share capital: PLN 14,300.00, BDO: 000552164, e-mail address: kontakt@yourkaya.com (hereinafter referred to as “Bright Future”).

2. The terms written in capital letters have the meaning given in the Regulations of the yourkaya.pl online store or in other documents to which they directly refer.

3. The Loyalty Programme is carried out in the territory of the Republic of Poland.

4. Each participant of the Loyalty Program is obliged to familiarize themselves with the Regulations, and participation in the Loyalty Program means acceptance of these Regulations. Acceptance of the Regulations is a necessary condition for participation in the Loyalty Program.

5. A Member of the Loyalty Program collects points (for Orders and other activities described in point III below), thanks to which he or she qualifies for a specific level of participation and obtains the benefits described in point IV below.

6. If a participant exchanges points collected under the Loyalty Program for a discount voucher, which is then used when placing an Order in the Store, and then such participant returns the Products covered by the aforementioned Order under the right to withdraw from the sales agreement; the number of points in the Loyalty Program corresponding to the value of the voucher will be returned to the Customer's Account. In case of any questions or concerns related to the return of points, you can contact Bright Future via e-mail at the following e-mail address: kontakt@yourkaya.com .

7. The method of fulfilling Orders and the rules for submitting complaints regarding the Product(s) are regulated in the Regulations of the yourkaya.pl online store .

8. All materials published by Bright Future regarding the Loyalty Program, regardless of the form and place of publication, are for informational purposes only. Only these Terms and Conditions are binding.

9. The Loyalty Program is not a game of chance, a lottery, a mutual bet or a promotional lottery, the outcome of which depends on chance within the meaning of Art. 2 of the Gambling Act of 19 November 2009.

10. Each marketing program/campaign organized by Bright Future is separate and based on separate regulations/rules.

§2 Joining the Loyalty Program

1. In order to join the Loyalty Program (i.e. to take advantage of the opportunity to collect points in the Program and exchange these points for benefits), the following conditions must be met:

a) have an active Customer Account,

b) consent to participate in the Loyalty Program by accepting the Loyalty Program Terms and Conditions,

c) place a one-time Order in the yourkaya.pl online store or activate or renew the Product Subscription.

2. Only natural persons with full legal capacity (and in cases specified by law, also persons with limited legal capacity) may participate in the Loyalty Programme.

3. Loyalty Programme Participants should keep their contact details, including e-mail address, up to date.

4. Membership in the Loyalty Program is personal and non-transferable. There is a limit of one membership per person and registered email address (Customer Account).

5. Participation in the Loyalty Program should not be used to resell products or for profit purposes. The Loyalty Program cannot be used by people cooperating with Bright Future under any affiliation.

6. If, within 12 months from the last Order, the Loyalty Program participant does not place an Order in the yourkaya.pl online store, the points obtained under the Loyalty Program are automatically canceled, and if the participant has previously obtained a higher than basic level of participation, he or she loses it and is awarded the basic level of participation, i.e. the "Like" level.

7. The balance of points collected under the Loyalty Program and their expiry date can be checked at any time in the Customer Account.

8. The Participant receives access to the Loyalty Program website by logging into the Customer Account. The "Loyalty Program website" is understood as the area of ​​the Customer Account that collects information about the participant's participation in the Loyalty Program. Direct access to the Loyalty Program website is also possible by selecting the appropriate tab on the website https://yourkaya.pl/ , and in this case the Participant must also remain logged into the Customer Account.

§3 Ways to collect points in the Loyalty Program

1. The Loyalty Program has three levels of participation:

1) “Like” Level – a Program participant reaches this level by creating a Customer Account.

2) "Care" Level - a Program participant reaches this level when the total value of his/her Orders in the yourkaya.pl online store during the points validity period exceeds PLN 300.

3) “Love” Level – a Program participant reaches this level when the total value of his/her Orders in the yourkaya.pl online store during the points validity period exceeds PLN 500.

2. The method of collecting points in the Loyalty Program depends on the level of participation:

1) For the "Like" level:

a) PLN 1 spent in our Online Store = 1 point (for example, by spending PLN 100 for an Order, the participant earns 100 points in the Loyalty Program),

        b) spent in a brick-and-mortar drugstore 2 PLN = 1 point – Bright Future products are also available in brick-and-mortar drugstores, so if you make a purchase there, you should keep the receipt and then register it on the Loyalty Program website. Registration is done by adding the receipt covering the Product/s in pdf, jpg or other available format, in the "Add receipt or confirmation of purchase of our products outside yourkaya.pl" window. After verification of the receipt by the Customer Care department, points will be awarded and credited to the participant in the Loyalty Program.

        c) birthday present – ​​the participant receives 50 points in the Loyalty Program,

        d) additional points for subsequent Orders and other activities referred to in section 4 below.

2) For the "Care" level:

        a) PLN 1 spent = 1.25 points (for example, by spending PLN 100 for the Order, the participant earns 125 points in the Loyalty Program),

        b) spent in a brick-and-mortar drugstore 2 PLN = 1 point – Bright Future products are also available in brick-and-mortar drugstores, so if you make a purchase there, you should keep your receipt and then report it on the Loyalty Program website. You can report it by adding a receipt covering the Product/s in pdf, jpg or other available format in the "Add receipt or confirmation of purchase of our products outside yourkaya.pl" window. After its verification by the Customer Care department, points will be awarded and credited to the participant in the Loyalty Program.

        c) birthday gift – the participant receives 100 points in the Loyalty Program,

        d) additional points for subsequent Orders and other activities referred to in section 4 below.

3) For the "Love" level:

        a) PLN 1 spent = 1.5 points (for example, by spending PLN 100 for the Order, the participant earns 150 points in the Loyalty Program),

        b) spent in a brick-and-mortar drugstore 2 PLN = 1 point – Bright Future products are also available in brick-and-mortar drugstores, so if you make a purchase there, you should keep your receipt and then report it on the Loyalty Program website. You can report it by adding a receipt covering the Product/s in pdf, jpg or other available format in the "Add receipt or confirmation of purchase of our products outside yourkaya.pl" window. After its verification by the Customer Care department, points will be awarded and credited to the participant in the Loyalty Program.

        c) birthday present – ​​the participant receives 200 points in the Loyalty Program,

        d) additional points for subsequent Orders and other activities referred to in section 4 below.

3. The Participant receives points in the Loyalty Program as a birthday gift when he or she voluntarily provides his or her date of birth after logging in to the Customer Account and selecting the option "Up to 200 points for birthday".

4. Regardless of paragraph 2 and the level of participation, the participant may also collect points in the Loyalty Program through other activities, such as:

1) making an effective Referral in the Referral Program (in accordance with the Referral Regulations ) – 300 points,

2) leaving an Opinion about a Product purchased in the yourkaya.pl store, depending on the form:

- Text review – 20 points

- Text review with photo – 50 points

- Opinion in the form of a video - 100 points

Leaving an Opinion about a Product resulting in the calculation of points in the Loyalty Program takes place via an active link made available to the participant after purchasing the Product/Products in the yourkaya.pl online store. For leaving an Opinion directly on the yourkaya.pl website, points in the Loyalty Program are not awarded.

3) liking the “Your KAYA” fanpage on Facebook – 20 points

4) following both accounts: @yourkaya and @youknow_pl on Instagram – 20 points

5) renewal of the Order under the Product Subscription with a minimum value of PLN 60 (excluding delivery costs) on the following terms:

- first renewal of Product Subscription - 50 points

- third renewal of Product Subscription - 100 points

- sixth renewal of Product Subscription - 200 points

- twelfth renewal of Product Subscription - 300 points

- after the twelfth renewal of the Product Subscription, every three subsequent renewals of the Product Subscription - 100 points

6) for Single Orders – in the event of placing three Orders worth at least PLN 60 each (excluding delivery costs) within 6 months from the date of placing the first Order – 150 points

5. In the cases referred to in paragraph 4, points 1)-6), points are calculated automatically after the participant has successfully undertaken the above-mentioned activities for which points are awarded in the Program.

§4 Benefits in the Loyalty Program

1. The benefits provided under the Loyalty Programme cannot be exchanged for cash, other cash equivalents or any other form of compensation.

LOYALTY PROGRAM POINTS

2. Collected, active points can be exchanged for discount coupons reducing the value of subsequent Orders according to the following rules:

1) 100 points – for a discount coupon worth "PLN 5",

    2) 200 points - for a discount coupon worth "PLN 10",

    3) 400 points – for a discount coupon worth "PLN 20",

    4) 500 points – for a discount coupon worth "PLN 25",

    5) 1000 points – for a discount coupon worth "PLN 50",

    6) 2,000 points - for a discount coupon worth "PLN 100".

3. To activate a discount coupon, log in to your Customer Account and go to the "Loyalty Program" tab. There are active discount coupons of various amounts depending on the points you have in the Loyalty Program and detailed information on the number of points collected. You should select one discount coupon and choose the "EXCHANGE" option, then copy one selected discount coupon (code) and paste it in the "discount code" field in a single Order or with an active or new Product Subscription. At the same time, in each case of a single Order or with an active or new Product Subscription, you can activate no more than one discount coupon.

4. Discounts available under the Loyalty Program cannot be combined with other promotions and discounts, unless the terms of a separate promotion or discount state otherwise.

5. To activate a discount coupon within the Loyalty Program, you must have at least 100 points (PLN 5). During one Order, you can activate a discount coupon for no more than 2,000 points (PLN 100).

6. To use a discount coupon worth up to PLN 50 obtained as part of the Loyalty Program, the value of the Order must be at least PLN 60 (excluding shipping costs) and exceed the value of the discount coupon itself. To use a discount coupon worth PLN 100 obtained as part of the Loyalty Program, the value of the Order must be at least PLN 101 (excluding shipping costs) and exceed the value of the discount coupon itself.

7. Each discount coupon can only be used once and is charged for all Products in the Order.

ADDITIONAL BENEFITS

1. As part of the "Care" and "Love" levels of participation, the Loyalty Program participant is additionally given the opportunity to exchange collected points for selected Products in the Online Store. To collect a Product, go to the Loyalty Program website and after logging into the Account, go to the "Collect free products for points" section, and then select the Product. However, to exchange collected points for a selected Product, it is enough to place an Order for any Product/Products from the Products available in the Online Store. The exchange of collected points in the Loyalty Program for selected Products within the Loyalty Program applies only to a single Order or the first Order when activating a new Subscription (it does not apply to an existing Subscription) and cannot be combined with other promotions and discounts, unless the terms of a separate promotion or discount provide otherwise. Both in the case of a single Order and in the case of the first Order when activating a new Subscription, in each case you can select a maximum of one Product that is entitled to the collected points (however, you cannot combine a discount coupon with a Product that is entitled to the collected points in one Order).

2. Bright Future may also provide additional benefits for the Loyalty Program participants, not described in this point IV. In such a case, it will inform about it immediately by introducing appropriate changes in the content of these Regulations and in announcements on its website yourkaya.pl.

§5 Withdrawal from participation in the Loyalty Program and exclusion from the Loyalty Program

1. The Loyalty Program Participant has the right to resign from participation in the Loyalty Program at any time without notice and without giving reasons.

2. Such resignation shall occur:

1) by deleting the Customer Account, or

2) if the participant wishes to resign from the Loyalty Program without losing the Customer Account - by sending an appropriate instruction (in an email) to the email address: kontakt@yourkaya.com . In such a case, the Customer Account will remain active, but the collected points and benefits will be canceled and cannot be used.

3. If Bright Future determines that a Loyalty Program participant has violated any provision of these Regulations, Bright Future is entitled to exclude such participant from the Loyalty Program. This means that the participant can no longer collect points in the Loyalty Program or exchange them for benefits. Bright Future informs the participant about the exclusion by contacting him/her at the e-mail address provided by the participant associated with the Customer Account.

4. Upon resignation or exclusion from the Loyalty Programme, all benefits associated with participation in the Loyalty Programme are immediately void.

§6 Complaints regarding the Loyalty Program

1. Every participant of the Loyalty Program has the right to file complaints regarding the Loyalty Program. Complaints can be filed in writing to the following address: Bright Future sp. z o. o. ul. Wiejska 11/8, 00-480 Warsaw or electronically by e-mail to the following address: kontakt@yourkaya.com.

2. Bright Future recommends that the person filing the complaint indicates in its content their contact details, data concerning the subject of the complaint and the date and description of the irregularities, as well as their requests in connection with the complaint. The requirements specified in the previous sentence are only a recommendation and do not affect the effectiveness of complaints filed without the recommended description of the complaint. Bright Future will respond to the complaint immediately, no later than within 14 days from the date of filing the complaint. If the complaint requires supplementation, Bright Future will contact the Loyalty Program participant with a request to supplement it using the contact details provided by the Loyalty Program participant and inform about the new deadline for its consideration.

3. Using the complaints procedure does not exclude other rights of the Loyalty Programme participant, if such rights are available to him/her under applicable law.

§7 Personal data protection

1. The administrator of the personal data of the Loyalty Program participants is Bright Future (referred to in this section of the Regulations as the "Administrator"). The Administrator, as well as the designated data protection officer in matters of personal data processing, can be contacted via e-mail: kontakt@yourkaya.com, and in writing to the following address: Bright Future sp. z oo ul. Wiejska 11/8, 00-480 Warsaw.

2. Personal data of the Loyalty Program participant (name, surname, e-mail address, online identifiers or other data that the participant decides to share in connection with participation in the Loyalty Program, e.g. participant's date of birth) will be processed for the purposes of:

a. performance of the contract on the basis of the Loyalty Programme Regulations accepted by the participant, including the settlement of points collected in the Loyalty Programme and their exchange for benefits, contact regarding the functioning of the Loyalty Programme (Article 6, paragraph 1, letter b) of the GDPR);

    b. consideration of any complaints and grievances – the data are processed by the Administrator due to the need to fulfil the legal obligation (based on art. 6 sec. 1 letter c of the GDPR) for the time necessary to carry out the complaint procedure. After completing the above activities, the Administrator may process the personal data provided by the participant in order to archive the documentation and demonstrate the course of the complaint procedure in the future based on the legitimate interest of the Administrator (art. 6 sec. 1 letter f of the GDPR);

    c. the establishment, pursuit or defence of possible claims (Article 6 (1) (f) of the GDPR);

    d. fulfilment of obligations arising from legal provisions, including tax law and accounting regulations (Article 6, paragraph 1, letter c of the GDPR);

3. The Administrator may process personal data of participants also on the basis of consents granted by the participant to the processing of personal data (Article 6 paragraph 1 letter a of the GDPR).

4. Personal data of Loyalty Program participants may be transferred to the following entities (including entities processing personal data on behalf of the Administrator), including: IT service providers, law firms and offices, marketing and hosting companies, entities providing outsourcing services, telecommunications companies, customer service companies, entities associated with the Administrator, providers of accounting, financial, control and advisory services.

5. Personal data of Loyalty Program participants will be processed within the territory of the European Economic Area. Personal data of Loyalty Program participants may be processed outside the territory of the European Economic Area only if:

a. the destination country ensures an adequate level of protection of personal data to that applicable in the European Union; or

b. The Controller has concluded or the Controller's subcontractor has concluded an agreement based on standard contractual clauses or they have implemented another mechanism that, in accordance with the law, legalizes the transfer of data to a third country.

6. The Administrator will not use automated decision-making towards participants of the Loyalty Program, including profiling, without the participation of the Administrator's staff members.

7. Personal data of Loyalty Program participants will be stored until the limitation period for claims expires in accordance with generally applicable legal provisions. In the scope of data processed in order to fulfill the legal obligations of the Administrator, they will be processed until these obligations are fulfilled. To the extent that the basis for processing is the legitimate interest of Bright Future, personal data will be stored until the legitimate interests of the Administrator constituting the basis for such processing are fulfilled or until an objection to such processing is filed. To the extent that the basis for processing is consent, the participant's personal data will be stored until such consent is withdrawn.

8. In cases specified by the provisions of applicable law, participants of the Loyalty Program have the right to request from the Administrator access to their data, as well as their rectification, deletion or restriction of the processing of personal data, as well as the right to object to the processing and the right to transfer data. Participants of the Loyalty Program also have the right to lodge a complaint with the President of the Personal Data Protection Office or another competent supervisory body dealing with the protection of personal data, if they consider that the processing of personal data by the Administrator violates the provisions of the law.

9. Providing personal data is voluntary. Failure to provide personal data will result in the inability to participate in the Loyalty Program.

10. If the Administrator processes personal data of Loyalty Program participants based on consent, the participant has the right to withdraw consent at any time, but this will not affect the processing of personal data carried out before the withdrawal of consent.

§8 Final provisions

1. Bright Future reserves the right to terminate the Loyalty Program at any time. In the event that Bright Future decides to terminate the Loyalty Program, it will inform the Loyalty Program participants in advance and enable them to exchange their points in the Program, setting an appropriate deadline for this.

2. Bright Future is the administrator of personal data of Loyalty Program participants. Detailed rules regarding the processing of personal data by Bright Future are regulated in these Regulations in point VII above. More information, including the rights of data subjects, in the Privacy Policy .

3. Participation in the Loyalty Program is voluntary.

4. The Loyalty Program is organized in accordance with Polish law and in Polish.

5. The Loyalty Program Regulations are available on the website www.yourkaya.pl, as well as at the headquarters of Bright Future.

6. Loyalty Program Participants, with their separate and voluntary consent, may receive information related to the Loyalty Program via email and text message, including, among others: information about changes in the program, the number of points collected and information about discounts and promotions related to the Loyalty Program. In each case, personal data are processed in accordance with paragraph 2 above.

7. Bright Future reserves the right, to the fullest extent permitted by generally applicable law, to introduce changes to these Regulations for important reasons, such as in particular: the requirement to adapt the provisions of the Regulations to changes in the provisions of applicable law or changes in the interpretation of the provisions of applicable law as a result of court rulings, decisions, recommendations of relevant offices or bodies, preventing violations of the law or violations of these Regulations, changing the method of conducting the Loyalty Program, including those caused by technical or technological reasons, improving the service of Loyalty Program participants, changes in the services and offer of the Store; or in the event of the need to remove errors and/or clerical errors contained in the content of the Regulations, changing Bright Future's data (including contact details, names, e-mail addresses, updating links included in the content of the Regulations), introducing new benefits or methods of collecting points. The changes introduced will not violate the acquired rights of the Loyalty Program participants, which means that the change in the provisions of the Regulations does not affect the benefits (privileges) granted to the Program participants who used them based on the provisions of the Regulations in the wording before the change. The change in the Regulations will come into effect after 14 days from the date of notification of the change. In the event of a change in the Regulations for important reasons, Bright Future will inform the Loyalty Program participant of this fact by e-mail or using several different methods of communication. Each time, Bright Future informs about the change in the content of the Regulations on its website by means of an appropriate message and will make the consolidated text of the Regulations available by publishing it on the website www.yourkaya.pl. If the Loyalty Program participant does not accept the changes, they have the right to resign from the Loyalty Program at any time.

8. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply.

9. Answers to inquiries related to the Loyalty Program will be provided by Bright Future via e-mail at the following e-mail address: kontakt@yourkaya.com . We also encourage you to visit the "FAQ Loyalty Program" tab on our website, where you will find answers to the most frequently asked questions.

10. The Regulations are effective from 18/10/2024.