14 June 2021
Ole & Steen Loyalty App Terms & Conditions - United States of America
1. Terms and Conditions (collectively referred to as “Terms”)
1.1. Danish Bake NYC, LLC (referred to as the “Company”, “Ole & Steen”, “our”, “us” or “we”) offers a loyalty app program (the “Loyalty Program”) on food and drinks purchased at the physical Ole & Steen retail bakeries in the United States (collectively, “Participating Bakeries”, and individually, a “Participating Bakery”).
1.2. Under the Loyalty Program, you/Members (as defined herein below) may accrue certain potential benefits on future purchases from the Company in the form of discounts, or other types of benefits (from time to time named “points”, “rewards”, or other terms of art) which may be used as (partial) payment for products/goods, at Participating Bakeries only, or other types of benefits, all hereinafter in these Terms jointly referred to as “Points”.
1.3. By opening a Loyalty Program Membership Account (referred to as “Account” or “Membership Account” or “Loyalty Program”), or by downloading our Ole & Steen app on your mobile device or personal computer (referred to as “Loyalty App”) to receive and redeem Points, you (referred to as “Member” or “Loyalty Member” or collectively “Members”) agree that you:
1.3.1. Have read and accepted these Terms and Conditions;
1.3.2. Consent to the collection, use, and disclosure of your personal data by the Company, the Loyalty Program, and Participating Bakeries, and each of their authorized third-party agents and licensees.
1.4. All Points and services are subject to availability and may be changed by the Company at any time without notice. The Company may terminate the Loyalty Program, in whole or in part, with one (1) months’ advance notice to all active Loyalty Members and with less than one (1) months’ notice in any jurisdiction if required to do so by applicable law. Whether or not a Loyalty Member is “active’ will be determined at the sole discretion of Ole & Steen.
1.5. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Members. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no claims for Points will be honored after the conclusion of the notice period.
1.6. These Terms supersede all previous terms and conditions applicable to the Loyalty Program.
1.7. Except as otherwise expressly prohibited or limited by applicable laws, the Company may at any time amend, modify or supplement these Terms, the structure for earning Points and Point levels at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Points (collectively “Terms and Conditions Changes”).
1.8. Members are responsible for remaining knowledgeable of the Terms and of any changes to the Terms. Members continued participation in the Loyalty Program will constitute their acceptance of any such Terms and Conditions Changes.
2. Registration and Membership
2.1. Members may join the Loyalty Program by signing up in any Ole & Steen store or through downloading the Loyalty App from the App Store or Google Play Store.
2.2. To join the Loyalty Program, 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 Participating Bakeries.
2.3. Most regular debit or cards can be linked to your profile, such as VISA, MasterCard, and American Express. You may also use Apple Pay or Google Pay.
2.4. Please note, if you pay with Apple Pay or Google Pay, we may not able to register your purchases or bonuses in the loyalty program, as these payment services encrypt the information about the underlying payment card, to which Apple Pay or Google Pay is/are linked.
2.5. For further information about how we use and store the information that Members provide to the Company please see Section 9 below.
2.6. To the fullest extent permitted by applicable law, the Company will share and store your payment card information with a third party provider (“PCI Provider”) within the payment card industry (PCI), located in the U.S. or the EU, who complies with current PCI standards for the storage and handling of payment card data. Payment card information entered in the Loyalty App on your mobile phone is subject to Section 7 below.
2.7. Any changes to your personal information or your payment cards can be updated directly on the Loyalty App. If you wish to change the mobile number associated with the Loyalty Program you must send details of the request to: email@example.com
2.8. To log in to your Loyalty App account you will need only the 4-digit code that we will send to your mobile.
2.9. You can deregister or unsubscribe at any time by de-registering in the app, sending an email, including your mobile number, to firstname.lastname@example.org. Notwithstanding anything contained to the contrary in these Terms, if for any reason a Membership Account is deregistered or unsubscribed you will unconditionally forfeit all Points you have accrued and will immediately lose the opportunity to redeem any Points. Once you have deregistered or unsubscribed it will not be possible to reestablish any records of the former Membership Account and/or Points previously accrued at a later point in time.
2.10. Forfeiting earned bonuses, rebates, rewards, etc.:
Please note, that any earned bonuses, rebates, rewards, etc. are valid for a period of 1 year from the time you earned the points/were awarded the relevant bonus, rebate, reward, etc. However, from time to time there may be campaigns of shorter duration. Further, all registered points, bonuses etc will be forfeited if and when you de-register from the loyalty program as described in clause 2.9.
3. Who can participate
3.1. Members who are 18 years of age or older and are resident in the United State of America, excluding the state of California, are eligible to participate in the Loyalty Program. Participation is free and does not require purchase of our products.
3.2. To become a Member of the Loyalty Program you must have a mobile phone number and a debit or credit card.
3.3. Employees of the Company are not eligible to participate in the Loyalty Program.
4. Earning Points
4.1. When you use your registered payment debit or credit card whilst shopping at Participating Bakeries information will be collected on the products you have purchased and the amounts you have spent.
4.2. The amount you have spent will be converted into Points in the Loyalty App with each $1.00 USD earning a value of five (5) Points, which you may spend on selected products.
4.3. Points accrued under the Loyalty Program are subject to the Terms . Each Loyalty Program Member is responsible for reading the Terms, newsletters, and Account statements in order to understand his or her rights, responsibilities, and status in the Loyalty Program, as well as the structure for earning Points.
4.4. Points earned through participating in the Loyalty Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Points is the sole responsibility of the Member.
4.5. Points are not transferrable, and cannot be exchanged for, and have no, monetary value. Points are not and shall not be construed as gift cards.
4.6. At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn specific Points pursuant to these Program Rules), the Company may correct (i) the amount of Points credited to a Member’s Account, and (ii) any other award that has been credited to a Member’s Account.
5. Special offers
5.1. Ole & Steen, or certain advertisers or suppliers, may elect to conduct certain special offers, promotions, sweepstakes, competitions or contests (referred to collectively as “Special Offers”) via the Loyalty App. Each such Special Offer may have specific rules and regulations which will be made available to Members and which shall be deemed incorporated in and become a part of these Terms. By participating in any Special Offer, you are deemed to have accepted the rules and regulations for that Special Offer, and to have agreed to abide and be bound by them.
6. Loyalty App Purchases
6.1. When you purchase through the Loyalty App, the payment is deducted from your debit or card at the time you have chosen to pick-up your order at a Participating Bakery, regardless of whether you are delayed in collecting your order, or whether you do not collect your order, as we cannot sell our products to others once they have been prepared for you.
6.2. When you are using the Loyalty App you will be asked which Participating Bakery you will pick up your goods from. Once selected, this will be the Participating Bakery that your goods will be waiting for you in.
6.3. 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. Should the order not be ready for pickup at the Participating Bakery you have chosen, we will pack and ready the order as soon as we can after you arrive in the Participating Bakery.
7. Terms for storing payment card information in the Loyalty App
7.1. You have the option of storing your payment card information in the Loyalty 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 Loyalty App has been activated as referred to in section 7.3.
7.2. For further information about how we use and store the information that you save to the Loyalty App please see section 8.
7.3. In order to use your payment card to order/purchase/pay for products through the Loyalty 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.
7.4. When the payment card has been activated for payment the payment card in the Loyalty App will be marked “may be used for payment in the Loyalty App”.
7.5. Information stored on the Loyalty 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 you have earned).
7.6. By permitting the Loyalty App to store encrypted information you facilitate an exchange of payment card information from the PCI Provider linked to your payment card and thereby enabling placing of orders and purchases through the Loyalty App. Your payment data will be used to pay for purchases through the Loyalty App.
7.7. As a precaution, all payment card information saved to the Loyalty App may be erased or made anonymous if it is not used for a period of twenty-four (24) months.
7.8. 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 Loyalty App. Ole & Steen disclaims any and all liability for any such misuse.
7.9. The Loyalty 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.
7.10. You may contact us at any time with any written objections you may have by contacting us as per the details stated in Section 12.
8. Cancelling Loyalty App purchases
8.1. 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” Ole & Steen does not offer refunds on completed orders.
9. Give a gift
9.1 You can purchase a gift, which consists of one or more Ole & Steen products, which you can give to a person you know. In the Ole & Steen app you can see which gift(s) you can give. Amongst other because the gift options may be seasonal products, or campaigns, there will be an expiry date for when the gift should be collected in a physical Ole & Steen store.
9.2 The recipient of the gift(s) must be member of the Ole & Steen app/universe and have downloaded and accepted the terms and conditions version 1.9 or later of the Ole & Steen app to be able to receive the gift(s).
9.3 You purchase the gift(s) through the Ole & Steen app and choose the recipient. The recipient will receive a notification through his/her Ole & Steen app. Thereafter, the recipient can collect the gift(s) in an Ole & Steen store of the recipient’s choice.
9.4 You give the gift(s) by first selecting the gift(s), thereafter you chose the recipient by inserting the person’s telephone number, thereafter you accept the purchase by paying.
9.5 Within the expiry date for the relevant gift option, you decide when the receiver of the gift receives the gift in the person’s Ole & Steen app, e.g. the day of a birthday, anniversary, etc. And you can write a personalised message to the recipient, which he/she receives on the same day as the gift(s).
9.6 If the recipient is not member of the Ole & Steen version 1.9 of the app or later, you will be informed that the gift cannot be purchased.
9.7 We withdraw the amount from your account on the date you have chosen as the date of giving the gift through the Ole & Steen app. The payment will not be reversed should the recipient not collect the gift(s) before the expiry date.
9.8 As this is a gift, and not a gift card or a voucher, neither you nor the recipient can convert the gift(s) into cash or other products. However, you may cancel the purchase up until the time where the recipient collects the gift in an Ole & Steen, or until the expiry date, whichever is earlier, by writing to email@example.com. As the gift is a food product, you cannot cancel the purchase after it has been collected at an Ole & Steen store.
As member of the Ole & Steen app/universe you accept to be able to receive gift(s) from other members of the Ole & Steen app/universe in accordance with these terms and conditions.
10. Personal data
10.1. Collection of personal data
10.2. When you sign up for our Loyalty Program, or order/purchase products through the Loyalty App we may collect and use the following non-exhaustive types of personal data (“Member Personal Data”) about you (subject to you having provided such Member Personal Data to us):
10.2.2. Mobile phone number”;
10.2.3. Email address
10.2.4. Information regarding valid student ID;
10.2.5. Date of birth;
10.2.6. Accrued and spent Points
10.2.7. Payment card information;
10.2.8. Notifications from Participating Bakeries you have made purchases in;
10.2.9. Purchase History including for example, 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 Participating Bakeries and through Loyalty App);
10.2.10. Geographical data.
10.3. Usage of data
10.4. We may use Member Personal Data for commercial purposes which include but are not limited to:
10.4.1. Analyzing usage of the app;
10.4.2. Analyzing which products and services you may be interested in;
10.4.3. Communicating with you about your account or purchases;
10.4.4. Sending marketing materials via the Ole & Steen App, SMS/text message, email or otherwise, UNLESS YOU OPT OUT OF RECEIVING SUCH ON-LINE MARKETING;
10.4.5. Issuing push notifications;
10.4.6. Optimizing product ranges;
10.4.7. Developing new products;
10.4.8. Improving the App in order to optimize the user experience (such as repairing errors or customizing software design;
10.4.9. Gathering aggregated data about multiple Members (statistical information);
10.4.10. Improving physical stores;
10.4.11. Developing new offers and other commercial concepts.
10.5. Technologies used for data collection
10.8. 3rd party usage of data
10.9. When you sign up for our Loyalty Program, or order/purchase products through the Loyalty App you also consent to the possible collection and usage of your Member Personal Data by relevant 3rd parties such as our IT providers; the PCI Provider, or Group companies such as parents, subsidiaries or affiliates of Ole & Steen.
10.10. Deletion/Anonymity of personal data
10.11. We may delete or make anonymous all Member Personal Data no later than twenty four (24) months a Member’s your last activity in the Loyalty Program.
10.12. We will delete or make anonymous Member Personal Data no later than one (1) months after Member termination of the Loyalty Program (and close your account).
10.13. We will however retain your personal data to the extent such retention is required for accounting or legal purposes for up to six (6) years from the expiration of the relevant fiscal year of the Company to which the data relates) after which period the Member Personal Data will be deleted or made anonymous.
11.1. Points earned are personal to you and may not be sold, transferred or assigned to anybody else without Ole & Steen’s express permission.
11.2. We reserve the right to terminate your account and your participation in the Loyalty Program, including invalidating/cancelling accrued Points, if we believe that you have breached these Terms or that the use of your account is unauthorized, fraudulent or otherwise unlawful.
11.3. We also reserve the right to terminate your account if it has been inactive for twenty (24) consecutive months. “Inactive” means that you have not used the Loyalty Program in that time.
11.4. Notwithstanding Section 1.4 herein above, we at all times reserve the right to terminate, discontinue, cancel or amend the Loyalty Program in its entirety, for all Loyalty Program Members at any time, in our sole discretion and without any prior notice to you.
11.5. You have the right at any time to cancel your participation in the Loyalty Program or through the app in the “my profile” menu, simply click “cancel membership” at the bottom of the page.
11.6. Any changes made to the Loyalty Program will be communicated to you through the Loyalty App or through an SMS or text message. Changes will be considered as accepted if you continue to use the Loyalty 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 at the time.
11.7. You may not use the Loyalty App or your Membership in connection with any commercial endeavors.
11.8. The paragraph headings of these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms.
11.9. All applicable sales taxes and any other applicable taxes will be applied to the Purchase Order prior to payment by the Customer. Ole & Steen is not liable, to the extent permitted by law, for any subsequently incurred taxes by the Customer including but not limited to Duties or Use Taxes.
2. Consumer Rights
12.1. None of these Terms affects any of your statutory rights as a consumer.
13. Contact and complaints
13.1. If you have any questions or complaints about the Loyalty Program, please contact firstname.lastname@example.org:
14. Limitation of Liability
14.1. In no event will the Company, any parent company, and each of their respective subsidiaries and affiliates, any Participating Bakery, and each of their respective directors, officers, employees, and agents be liable for any direct, indirect, special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with the Loyalty Program, these Terms, or the Company’s operation of the Loyalty Program.
15. Binding Arbitration and Class Action Waiver - Choice of Law
15.1. Any disputes between the Member/you and the Company arising out of or related to the Loyalty Program or these Terms shall be resolved exclusively and individually by arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act and the AAA Consumer Arbitration Rules, see www.adr.org. To the fullest extent allowed under the AAA rules, the arbitration hearing shall be conducted telephonically. Any in-person arbitration hearing shall take place in New York City, New York, unless otherwise required by law. The Arbitrator shall be allowed to award reasonable costs and attorney’s fees to the prevailing party in such dispute. BY ACCEPTING THERE TERMS, YOU EXPRESSLY AND IRREVOCABLY WAIVE YOUR RIGHT AND OPPORTUNITY TO A JURY TRIAL BEFORE THE COURTS OF THE UNITED STATES OR ANY STATE THEREOF, AS WELL AS TO PARTICIPATING IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTIONS, OR OTHER PROCEEDINGS WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, United States, without regard to its conflicts of law rules.
The trademark "Ole & Steen" is owned by Lagkagehuset A/S, a corporation incorporated and existing under the laws of the Kingdom of Denmark, Danish company number (CVR) 20213094, with an address at Dortheavej 10, 2400 Copenhagen NV, Denmark. No right to use any trademark, trade name, trade dress, copyright image, nor any other intellectual property (“IP) of Ole & Steen passes to Members under these Terms and Members agree to refrain from using, either directly or indirectly, any of Ole & Steen’s IP, unless specifically authorized by Ole & Steen in writing in advance.