TERMS AND CONDITIONS
Naturally, here at Ole & Steen we follow the new GDPR legislation (General Data Protection Regulation) which states that it should be transparent what we use your personal data for.
You have provided us with your phone number and payment card number because you are part of our Loyalty App Programme (Ole & Steen Loyalty). We use your phone number to identify you and your payment card details make it possible for us to automatically reward your loyalty with bakery and coffee rewards. Your shopping history is saved in our Loyalty App as receipts so that you have an overview of your transactions. Don’t forget that your payment card details are encrypted via NETS – we do not have access to this information.
You can read the full terms & conditions below. If you no longer wish to be part of Ole & Steen Loyalty, you can at any time let us know by emailing [email protected]
and we will delete your Loyalty account.
1.1 Danish Bake UK Limited of 17-18 Aylesbury Street, London, United Kingdom, EC1R 0DB trading as Ole & Steen (“us” or “we”) offers a loyalty programme on food and drinks bought at the physical Ole & Steen stores in the UK (our “Stores”).
1.2 The trademark "Ole & Steen" is owned by Danish Bake A/S, CVR 30530470, Amerikavej 21, 1756 Copenhagen V, Denmark.
2. Who can participate
2.1 Private individuals residing in the UK who are 18 years of age or above are eligible to participate in the loyalty programme. Participation is free and does not require purchase of our products.
2.2 To become a member of our loyalty programme you must have a mobile phone number and a debit or credit card. We use your debit or credit card to record your purchase activity in order to record your rewards.
3. Registration and membership
3.1 You can sign up in any Store or through the Ole & Steen mobile app via the App Store or Google Play (the “App”).
3.2 To sign up to the loyalty programme you are required to provide personal and contact information (such as your name and phone number) as well as register the payment card(s) you want to use in Stores.
Most regular payment cards can be linked to your profile, such as VISA, MasterCard, VISA electron, American Express, etc.
3.3 For further information about how we use and store the information that you provide to us please see section 8.
3.4 Storebox, which is part of NETS, is responsible on our behalf for security in regards to the payment card information and data you provide to us.
We will not be in possession of your payment card information. Storebox alone will store and handle it. Storebox stores such information in a PCI compliant environment. The systems which contain payment card data are tested by external security experts. For further information visit https://en.storebox.com/
You may also potentially store payment card information in the App on your mobile phone in accordance with clause 6.
3.5 Any changes to your personal information or your payment cards can be updated directly via the App . If you wish to change the mobile number associated with the loyalty programme you must send details of the request to:
3.6 To log in to your account you will only need the 4-digit code that we will send to your mobile.
3.7 You can deregister at any time by sending an email, including your mobile number, to [email protected]
. At deregistration you will forfeit all registered bonuses you have accrued and lose the opportunity to redeem any rewards forthwith. Once you have deregistered it will not be possible to reestablish such records at a later point in time.
4. How does it work
4.1 When you use your registered payment card for buying/shopping in Store we will collect information on the number of cups of hot drinks you have purchased and the total amount you have spent.
4.2 After you have bought 10 hot drinks, your 11th will be free and, in addition, for every £100 spent you will be eligible to receive a reward of (i) our trademark “social” pastry or (ii) two loaves of bread free of charge. Each reward has an approximate value of £10.
4.3 The amount you have spent will be converted into points in the App with each £1 earning worth 10 points.
4.4 We may introduce other offers and benefits at any time and will inform you of these through the App and possibly via email when we do.
5. Purchases through the App
5.1 As at March 2017, you are not yet able to place orders or make payments through the App. When changes have been effected so you can do so, the rest of this clause 5, and clauses 6 and 7, shall apply.
5.2 When you purchase through the App the payment is deducted from your card only when you have picked up your goods in Store.
5.3 When you are using the App you will be asked which Store you will pick up your goods from. Once selected, this will be the Store that your goods will be waiting for you in.
5.4 You will choose the time and date for pickup of the order. Your order will typically be available within 5 minutes of the chosen pick-up time. In cases where the order is not ready for pickup at the Store you have chosen, we will pack and ready the order as soon as we can after you arrive in the Store.
5.5 You can track your purchases made through the App by clicking “buy online” in the bottom right hand corner. Here you will see a digital receipt of every purchase made by clicking “previous purchases”.
6. Terms for storing payment card information in the App
6.1 You have the option of storing your payment card information in the App to make ordering more convenient. Any such information will be stored for the sole purpose of paying for purchases made through the App, once the ability to make payments through the App has been activated as referred to in clause 5.1.
For further information about how we use and store the information that you save to the App please see section 8
6.2 In order to use your payment card to order/purchase/pay for products via the App you must provide separate consent for this. You do this by clicking “activate payment” for the payment card in the “my profile” section which you find in the menu.
6.3 When the payment card has been activated for payment the payment card in the App will be marked “may be used for payment in the App”.
6.4 Information stored on the App can be erased at any time. Simply click the card you want to erase under the “my profile” menu and choose “delete card” (note you will not lose points or rewards you have earned).
6.5 By permitting the App to store encrypted information you facilitate an exchange of payment card information from Storebox/NETS linked to your payment card and thereby enabling placing of orders and purchases via the App. Your payment data will be used to pay for purchases via the App.
6.6 As a precaution, all payment card information saved to the App will be erased or anonymized if it is not used for a period of 24 months.
6.7 If you choose to store your credit or debit card information please be aware that there is an increased risk of misuse of your payment card if you give other people access to the App.
6.8 The App allows you to view your purchase history. You find your purchase history by clicking the “Buy online” symbol in the lower right hand corner. You then find your purchase history by clicking the “Receipts” tab where you will also find invoices for your past purchases.
6.9 You may contact us at any time with any written objections you may have by contacting us as per the details stated in clause 11.
7. Cancelling App purchases
7.1 Please make sure that you are happy with your order before you submit it. Due to the fact that we will be making your order fresh, and the goods are “perishable”, we are unable to offer refunds if you wish to cancel an order.
8. Use of personal information
8.1 Data Controller
8.2 Danish Bake UK Limited is data controller as further set out below.
8.3 Setting up and login to user profile
In the context of setting up your user profile we will process the following personal data about you:
1) “Mobile number” with a view to set up a use profile and subsequent log-in
2) The legal basis for our processing of your personal data in that context is the pursuit of our legitimate interest in accordance with the General Data Protection Regulations (“GDPR”) article 6, section 1 (f). Our legitimate interests amount to:
- Being able to identify you with a view to setting up your user profile and subsequent log-in details for your user profile; and
- Allocate a unique user-ID based on you mobile number.
You may additionally choose to provide certain personal data when you sign up. Such additional personal data will be processed in accordance with this clause 8.
When you sign up for our loyalty programme and in the context of the subsequent administration of the rewards under the loyalty program we will process the following personal data about you for the following purposes (subject to you having provided such personal data to us):
1) “Name” in order to identify you in the store following placement of an order;
2) “Mobile number” in order to identify you and contact you;
3) “E-mail address” in order to contact you including e.g. with regard to notify you of changes to the loyalty programme and its terms and conditions (subject to the customer having provided us with an email address for the user profile);
4) “Information regarding valid student ID” with regard to administer any applicable student discount;
5) “Date of birth” for verification purposes when dealing with customer related telephone calls;
6) “Allocated Vouchers” in order to administer rewards and discounts under the loyalty programme;
7) “Payment card information” in order to identify purchases with a view to record and show purchase history and administer rewards under the loyalty programme;
8) “Notifications” from a store you have made purchases in for the purpose of providing you with e.g. offers on products;
9) “Purchase History” including e.g. information about amounts paid, quantity and type of products purchased as well as the aggregated purchases (prior to bonus award). It will also include receipts for purchases (made in store and via App). This is relevant in order to administer awards under the loyalty program including entitlement to free coffee etc. (“Bonus Coffee”) or bread etc. (“Bonus Purchases”) based on your previous purchases.
The legal basis for processing your personal data is either (1) article 6, section 1 (f) of the GDPR on the basis that our processing is necessary for the purpose of performing the contract which you have entered into with us or for the purpose of implementing measures requested by you prior to entering into our agreement, or (2) the pursuit of our legitimate interest in accordance with article 6, section 1 (f) of the GDPR. Our legitimate interests are to:
identify you as customer;
contact you in your capacity as a customer of ours; and
administer the loyalty programme, including identification of purchases in order that we can record your Purchase History and offer you such rewards, discounts and vouchers which you are entitled to under the loyalty programme.
8.4 Targeted Marketing
By signing up to the Ole & Steen loyalty programme you may give your consent to us processing personal data we hold about you to allow us to analyze which products and services you may be interested in in order that we can send you relevant and customized offers, discounts and newsletters to you on the basis of such analysis.
If you have provided us with the below personal data, we will process such personal data about you in connection with the abovementioned processing:
2) “Date of Birth”;
3) “Mobile number”
4) “Email address”
5) “Notification” from a store you have made purchases from;
6) “Purchase History”
The legal basis for the abovementioned processing is article 6, section 1 (a) of the GDPR if you consent to such processing in a marketing context.
You may withdraw your consent at any time by sending your mobile number to [email protected] as stated in clause 11.
8.5 Online purchases
In the context of online ordering and purchases of products (coffee, bread etc.) via the app we may collect and process the following personal data about you:
1) “Name” for identification purposes and to effect purchases;
2) “Mobile number” in order to contact you in respect of collection of purchases and delivery of service notifications;
3) “E-mail address” in order to contact you with regard to collection of purchases;
4) “Information about valid student ID” in order to calculate applicable student discount;
5) “Geographical data” in order to place orders, purchases and collections in the store nearest to you;
6) “Payment card information” in order to effect purchases;
7) “Purchase History” in order to issue any applicable bonuses and discounts.
The legal basis for such processing is article 6, section 1 (b) of the GDPR on the basis that such processing is necessary in order to effect and deliver the agreement you enter into with us or for the purpose of implementing measures requested by you prior to entering into our agreement.
8.6 Product optimization
We use the below personal data as part of (1) optimization of our product ranges, (2) for the purpose of developing new products and (3) in order to improve the application in order to optimize the user experience (e.g. repair errors and customization of software design).
In connection with the above we may process the following personal data about you (subject to you having provided us with the below personal data):
1) “Notifications” from a store you have shopped in including offers on products
2) “Purchase History” including amongst others information about including e.g. information about amounts paid, quantity and type of products purchased as well as the aggregated purchases (prior to bonus award) and used bonusses and discounts (free coffee and bread). It will also include receipts for purchases (made in store and via App).
The legal basis for such processing is that it is done in the pursuit of our legitimate interest in accordance with article 6, section 1 (f) of the GDPR. Our legitimate interest which is pursued by the processing is that we may obtain an understanding and insight into the potential opportunities for optimization and development of our application with regard to improving the customer experience.
8.8 Erasure of personal data
We will also convert the below personal data to statistics whereby the aggregated data (the statistical information) will be used to improve the application in order to optimize the user experience (e.g. repair errors and adapting software design). Additionally, we may use the statistical data in order to develop and improve stores, product range, offers and other commercial concepts which we offer to our customers.
If you have provided us with the below personal data, we will process such personal data about you in connection with the abovementioned processing:
1) “Date of birth”
2) “Information about valid student ID” in order to calculate applicable student discount;
3) “Issued Vouchers”
4) “Geographical data”
5) “Purchase History” including amongst others information about e.g. amounts paid, quantity and type of products purchased as well as the aggregated purchases (prior to bonus award) and used bonusses and discounts (free coffee and bread).
The legal basis for the conversion into statistics is based on the pursuit of our legitimate interest in accordance with article 6, section 1 (f) of the GDPR. The legitimate interests which are pursued by the processing are:
- Improvement of the application with a view to optimize the user experience;
- Development and improvement of stores, product range, offers and other commercial concepts.
We will delete or anonymise personal all your personal data no later than 24 months after your last activity in the loyalty programme, see also clause 6.6. We will delete or anonymize your personal data as soon as possible and no later than 1 month after either the termination talking effect or the date you withdrew your consent if you terminate your membership of the loyalty programme (and close your account) or withdraw your consent to our processing of your personal data.
We will however retain your personal data which relate to purchases of products and services to the extent such storing is required for accounting purposes (which is 6 years from the expiry of the relevant financial year the data relates to) after which period the personal data will be deleted or anonymized.
Under the personal data legislation, you have certain rights in connection with our processing of your personal data. You may contact as per clause 11 if you wish to enforce your rights.
- Right to access to your personal data: You have a right to access the personal data which we hold about you;
- Right to rectification (corrections): You are entitled to have incorrect or incomplete information about you corrected.
- Right to request erasure of your personal data: In certain circumstances you have a right to have information about you erased before the end of the retention period.
- Right to restrict processing: In certain circumstances, you have a right to restrict the processing of your personal data. If you have such a right, we may only process such data (except for storage) with your consent or in order to establish a legal entitlement or defend a legal entitlement or to protect a person or important matters of public interest.
- Right to object: In certain circumstances you have a right to object against our otherwise legal processing of your personal data.
- Right to transfer personal data (data portability): In certain circumstances you have a right to receive your personal data in a structured, commonly used and machine-readable format and to have transferred such personal data by a data controller to a third party without obstruction.
You may find further information about your rights in ICO guidance which you will find on https://ico.org.uk/.
In addition, you may at any time withdraw your consent (see clause 3.4) (however this will not affect the lawfulness of any processing carried out before your withdrawal).
We will process all requests as soon as possible and in accordance with applicable law.
8.10 Categories of recipients
The following categories of recipients will in the context of [processing your personal data receive your personal data:
- Data processers such as IT providers who deliver technical solutions to Ole & Steen in order that the application may be fully functioning
- Group companies
8.11 International Transfers
We do not transfer your personal data outside the European Economic Area (EEA)
We implement adequate technical and organizational measures in accordance with article 32 of the GDPR in order to ensure a level of security which adequately covers the risk associated with the processing activities such as accidental and or illegal destruction, loss, alteration or unauthorized disclosure of or access to personal data which is transmitted, stored or in other ways processed and which specifically may lead to physical, material or immaterial damage taking into consideration the actual technical level, implementation costs and the relevant processing activity, extent, context and purpose as well as the risks of varying probability and seriousness for the customers rights and freedoms.
We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
9.1 The rewards earned on the loyalty programme are personal to you and may not be sold, transferred or assigned to anybody else without our express permission.
9.2 Whilst we will always try our best to provide your reward straight away, rewards are always subject to availability at the time in the Store in question.
9.3 We reserve the right to terminate your account and your participation in the loyalty programme if we believe that you have breached these terms and conditions or that the use of your account is unauthorized, fraudulent or otherwise unlawful.
9.4 We also reserve the right to “unregister” you if your account has been inactive for 24 consecutive months. “Inactive” means that you have not used the loyalty programme in that time.
9.5 We at all times reserve the right to terminate, discontinue, cancel or amend the loyalty programme at any time, in our sole discretion and without any prior notice to you.
9.6 You have the right at any time to cancel your participation in the loyalty programme by sending an email to [email protected]
or via the app in the “my profile” menu, simply click “cancel membership” at the bottom of the page.
9.7 Any changes made to the loyalty programme will be communicated to you through the App or via an SMS. Changes will be considered as accepted if you continue to use the App after we have notified you of any change. In the event a change concerning personal information to which consent is required, we will seek such consent from you in accordance with applicable data protection legislation as in force from time to time.
9.8 These terms and conditions and any matters arising out of them shall be governed by English law and the laws of England and Wales shall have exclusive jurisdiction in respect of any matter arising out of them.
10. Consumer Rights
10.1 None of these terms and conditions affects any of your statutory rights as a consumer.
11. Contact and complaints
11.1 If you have any questions or complaints about the loyalty programme please contact: [email protected]
11.2 If there is any issue that you are not able to resolve with our team you may be eligible to lodge your complaint on the EU Online Dispute Resolution platform which is available at www.ec.europa.eu/consumers/odr