Referral Program Terms and Conditions

§1 General provisions

1. The Referral Program is organized by 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 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. Unless otherwise indicated, the terms written in capital letters have the meaning given in the Regulations of the yourkaya.pl online store .

3. The purpose of the Referral Program is to encourage Recommenders (as defined in point II, paragraph 2 of the Regulations) to recommend their Friends (as defined in point II, paragraph 3 of the Regulations) to place an Order for Products available in the Store (hereinafter: " Recommendation "). The method of fulfilling Orders and the principles of filing complaints regarding the Product(s) are regulated in the Regulations of the yourkaya.pl online store .

4. As part of the Referral Program, Bright Future offers benefits to both Recommenders and Friends, in accordance with the conditions specified in point III of the Regulations.

5. The Referral Program is carried out in the territory of the Republic of Poland.

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

7. The Referral 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.

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

§2 Terms of participation in the Referral Program

1. Participants in the Referral Program may be Recommenders and Friends who meet the conditions specified in paragraphs 2 and 3 below.

2. A person who meets all of the following conditions may participate in the Referral Program as a Recommending Person:

a) has an active Customer Account,

b) is a participant in the Loyalty Program.

3. The Friend to whom the Recommending Person makes the Recommendation may only be a person who meets all of the following conditions:

a) is a natural person with full legal capacity (and in cases specified by law also a person with limited legal capacity),

b) has not previously placed an Order in the Store or does not have a Customer Account. The above will be verified based on the email address associated with the Order or the Customer Account.

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

5. Participation in the Referral Program is personal, non-transferable and subject to these Terms and Conditions and any other regulations established by Bright Future and accepted by the Referral Program participant at the time of using offers, privileges or making purchases. There is a limit of one participation per person and registered email address.

6. The Recommending Person cannot execute the Recommendation against himself/herself.

7. The Referral Program is not open to individuals cooperating with Bright Future as an affiliate, or any entities making commercial purchases. Participation in the Referral Program should not be used to resell Products or for profit purposes.

8. A participant in the Referral Program may resign from participating in the Referral Program at any time (e.g. by sending a message to the email address: kontakt@yourkaya.com ).

9. If Bright Future determines that a participant in the Referral Program has violated any provision of these Regulations, Bright Future has the right to exclude such participant from the Referral Program. Bright Future shall inform such participant of the exclusion by contacting him/her at the e-mail address provided by the participant associated with the Customer Account.

10. Upon resignation from the Referral Program or exclusion from the Referral Program, all benefits associated with participation in the Referral Program will be immediately invalidated (including the inability to use the collected points).

§3 Referral Procedure and benefits for a successful Referral

1. The referral is made by the Recommending Person logging in to their Customer Account, copying their individual code from the "Referral Program" tab and forwarding it to the Friend for use when the Friend places their first Order in the Store.

2. The Recommending Person may not publish or otherwise make available their individual code, including on websites with discount codes for use by unspecified persons.

3. As a result of the Recommendation, the Friend receives a discount of 15% on their first Order in the Store. The condition for using the discount referred to in the previous sentence is that the value of this Order is at least PLN 60 (this amount does not include shipping costs).

4. The Referral is considered effective upon receipt of the parcel by the Friend containing the Product (or Products) from the Order placed by the Friend using the individual code provided by the Recommending Person, referred to in paragraph 1 above. In the event that no Sales Agreement is concluded between Bright Future and the Friend or the aforementioned parcel is received, the Recommending Person shall not acquire the right to demand any benefits from Bright Future for participation in the Referral Program.

5. As a result of a successful Recommendation, the Recommending Person receives 300 points in the Loyalty Programme, which can then be exchanged for benefits specified in the Loyalty Programme Regulations.

6. The Recommending Person may make a maximum of 20 Referrals within 12 months.

7. Discounts available under the Referral Program cannot be combined with any promotions or rebates, unless the terms of a separate promotion or rebate state otherwise.

8. Benefits provided under the Referral Program cannot be exchanged for cash, other cash equivalents or any other form of compensation.

§4 Complaints about the Referral Program

1. The right to file complaints regarding the Referral Program is available to every participant of the Referral Program (Recommenders and Friends). 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 in an e-mail message to the following address: kontakt@yourkaya.com

2. Bright Future recommends that in the complaint, the Referral Program participant indicates their contact details, details regarding the subject of the complaint and the date and description of the irregularities, as well as their requests in connection with the complaint submitted. The requirements specified in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted omitting 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 Referral Program participant with a request to supplement it using the contact details provided by the Referral Program participant and inform about the new deadline for its consideration.

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

§4 Personal data protection

1. The administrator of the personal data of the Referral 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, can be contacted in matters of personal data processing 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 Referral Program participants (name, surname, e-mail address, delivery address, telephone number) will be processed for the purposes of:

a. performance of the contract on the basis of the Referral Program Regulations accepted by the Referral Program participant, including providing an individual discount code and granting benefits, as well as contact regarding the functioning of the Referral Program (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 Referral 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. The personal data of Referral Program participants will be processed within the territory of the European Economic Area. The personal data of Referral 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 apply automated decision-making to Referral Program participants, including profiling, without the participation of the Administrator's staff members.

7. The personal data of the Referral Program participants will be stored until the limitation period for claims has expired in accordance with generally applicable laws. 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 Referral 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 Referral Program also have the right to lodge a complaint with the President of the Office for Personal Data Protection 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 Referral Program.

10. If the Administrator processes personal data of Referral 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.

§6 Final provisions

1. The Referral Program Regulations are valid indefinitely, until the day Bright Future announces the end of the Referral Program. In the event that Bright Future decides to end the Referral Program, it will inform about it in advance on its website www.yourkaya.pl .

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

3. Participation in the Referral Program is voluntary.

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

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

6. 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 Referral Program, including those caused by technical or technological reasons, improving the service of Referral 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). The changes introduced will not violate the acquired rights of the Referral Program participants, which means that the change in the provisions of the Regulations does not affect the benefits granted to the Recommenders and Friends who used the Referral 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. Each time, Bright Future informs about the change in the content of the Regulations on its website by means of an appropriate message and makes the consolidated text of the Regulations available by publishing it on the website www.yourkaya.pl. If the Referral Program participant does not accept the changes, they have the right to resign from the Referral Program at any time.

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

8. Responses to inquiries related to the Referral Program will be provided by Bright Future via e-mail at the following e-mail address: kontakt@yourkaya.com .

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