These Terms and Conditions (“Terms”) govern the "ILLY LOVERS", the Loyalty Programme ILLYCAFFE' UK LIMITED, which entitles Participants to special benefits, offers, and promotions (“Programme”). By registering for the Programme, Participants agree to be bound by these Terms. This Programme is governed by the laws of UK.
the Promoter of the Programme is ILLYCAFFE' UK LIMITED., Unit 7/8 Osyth Close Brackmills Industrial Estate, Northampton, England NN4 7DY, listed in the Register in the Company House with the number 11823145, VAT code GB 325925492 ("illy").
2. ELIGIBLE PARTICIPANTS
The Programme is open only to European residents who (i) are 18 years or older, (ii) have a valid illy.com account* and (iii) order products on illy.com for UK home delivery or from participating stores in the UK ("Participants"). Participating stores are those located in the UK and designated as "illy Caffè" brand stores listed on illy.com and the ILLY App (from the "Store Locator" section of the illy.com website) ("Participating Stores"). All employees of ILLYCAFFE' UK LIMITED, and those involved in organising the Programme are excluded from participation. Registration for the Programme is free. Participation is on an individual basis only. Corporations, associations, groups, and other legal entities cannot enroll in the Programme. Purchase is necessary.
*) PLEASE NOTE THAT: in order to take part in the program, the Illy account must be kept valid until the end of the Promotion Period. In case of cancellation of the account, participant’s data will be deleted, as well as any points accrued. Therefore, the consumer won’t be entitled to benefit of any advantage of the Illy Lovers Program, including any benefits previously obtained. Illy accounts are registered with illycaffè S.p.A with offices in via Flavia 110 Trieste – Italy.
3. PROMOTION PERIOD
This initiative will be valid from September 30, 2020 to December 31, 2023, unless extended ("Validity Period").
The Loyalty Programme will be open and available to interested consumers until June 30, 2024.
4. HOW TO PARTICIPATE
During the Validity Period, Participants can accumulate points (called "Hearts") while purchasing illy products on www.illy.com and in Participating Stores. It will also be possible to accumulate extra Hearts by completing previously planned activities ("Experiences"). Instructions for enrolling in the Programme and how to accumulate Hearts are described below.
4.1 PROGRAMME REGISTRATION
To take part into the Programme, Participants must:
• Go to www.illy.com and navigate to the section dedicated to the ILLY LOVERS Programme, (the "Site") or download the ILLY App (the "App").
The app is available for free download on mobile devices with an iOS operating system equal to or greater than 10.0 or an Android equal to or greater than 6.0.
Upon registration, the Participant is enrolled in the Programme and can enjoy special advantages, as well as earn Hearts. Each customer may register only once within the Validity Period. Multiple, false, fictitious, or third-party registrations will not be accepted and will disqualify Participants from the Programme.
4.2. POINT ACCRUAL TERMS AND CONDITIONS
Participants can accrue Hearts as follows. The Hearts balance will be available in the Personal Area within the time allotted as shown below.
Basic mode (purchasing illy products)
During the Programme Validity Period, Participants will accrue 1 Heart for every £1.00 spent purchasing illy products on the www.illy.com website with delivery in the UK, or at the Participating Stores in the UK. Please note that the Participants also will accrue Hearts for every £1.00 spent purchasing Gift Cards (i.e., £100.00 Gift Card = 100 Hearts).
Please note that:
• For purchases to be registered, Participants must log in to their account (either via the Site or App) when purchasing products online or show their loyalty code (on the Programme enrollment card) during check-out at Participating Stores.
• If Participants do not log into the Site or show their card at Participating Stores when they make a purchase, they will not earn Hearts. • Participants purchasing gift cards will accrue Hearts. • Hearts credits should accrue within 3–5 days from purchase. Lead times may vary for online purchases.
• Hearts will be erased if an order is cancelled or returned. The Heart balance will be updated within 7 working days from an illy.com order cancellation/return or a Participating Store purchase same-day receipt cancellation.
• The Hearts accrual is related to the actual amount paid (plus tax) by the Participant, less the discounts, gift cards, and/or promotions. For example, if a Participant pays £8.00 for a £10.00 product because of a 20% discount, then he or she will accrue 8 Hearts. Experiences Participants will be invited to complete Experiences to accumulate extra Hearts during the Validity Period. Experiences may consist of actions related to purchases (e.g. purchases in different channels, purchases of certain products, repeated purchases in a given period, etc.) or online actions (via the app, social media, quizzes, etc.) Active Experiences will be published on illy.com (in the applicable section) and in the App and, for each of these locations, the corresponding number of Hearts will be indicated.
Please note that:
• Between one hour and 3 working days is needed for the Hearts accrual to be reported upon completion of an Experience.
• Experience-awarded Hearts will automatically be added to standard Hearts.
• The Promoter reserves the right to update, supplement, or modify the Experiences, the actions associated with them, and the relative number of Hearts awarded to Participants.
5. LEVELS AND BENEFITS
Upon reaching defined Heart thresholds, Participants will be entitled to special benefits, offers, and gifts ("Benefits").
The Programme provides 3 different levels based on the number of accrued Hearts:
• First Level: from 0 to 300 Hearts
• Second Level: from 301 to 700 Hearts
• Third Level: +701 Hearts
Each level comes with special Benefits that vary by type, conditions, and level of discount.
For example: a First level award could be a one-time 20% off discount on the third order; a Second level awards the same discount 3 times, while a Third level awards the discount 5 times.
Benefits may include, but are not limited to, percentage discounts, free shipping, vouchers, etc.
The full list of Benefits associated with each level can be found in the appropriate section of the Site and on the dedicated App. The Benefits referred to in this Programme will be available exclusively in the UK, as indicated by specific instructions and in no case will be redeemable in another country.
Hearts have no cash value and are not transferable, and do not constitute the property of the Participant. Participants do not have any ownership rights in accrued Programme Benefits and accrued Programme Benefits do not constitute property of the Participant.
Participants are expected to consult the terms and conditions of the Benefits and verify the availability of related products and services. Benefits in one level cannot be combined with those earned in the previous level.
Upon enrollment in the Programme, Participants will immediately acquire the Explorer Level and will, therefore, be entitled to all Benefits associated with that level.
By accruing Hearts in the manner indicated above, Participants will be entitled to reach the thresholds relating to the higher levels and more Benefits.
Accrued Hearts will reset every year on December 31 during the Validity Period of the Programme. Participant Heart balances will be reset to 0 on January 1 during the Validity Period, however, Participants will keep the status they achieved during the previous year with all its relative Benefits.
For example: a Participant who achieved 500 Hearts and has reached a second level on 12.31.2021 will have zero Hearts on 01.01.2022, but will keep all Benefits of the second level status in 2022.
The Validity Period Hearts will be reset to zero at the end of the Validity Period unless such period is extended. Awarded Benefits can be enjoyed until June 30, 2024 after which they will expire, unless prohibited by law.
6. ADDITIONAL BENEFITS FOR MEMBERS
Programme Participants will also benefit from special offers and promotions, as detailed below:
A) WELCOME BONUS
Upon registration, new Participants will receive a "WELCOME BONUS" consisting of:
• A 10% discount on the purchase of illy products, with no minimum purchase required, to be used on www.illy.com and in Participating Stores.
This is valid until the end of the second month after registration and for all products available on the Site and in Participating Stores. This offer cannot be combined with other promotions. The loyalty benefit is not appliable to the latest illy Art Collection.
• A voucher for a free coffee to be used at one of the Participating Stores. This is valid until the end of the month following registration and, on any size, Barista-prepared coffee drink. This offer is not valid on bottles or cans.
B) INVITE A FRIEND
During the Validity Period, Participants can be awarded further discounts by enrolling their friends in the Programme.
Each Programme Participant will have a personal recommendation code for inviting friends and relatives to enroll in the Programme.
Each invited friend who registers for the Programme using the recommendation code will receive a 15% discount for their first purchase on illy.com or in Participating Stores.
When, and only when, invited friends use their 15% discount on their first purchase, the Participants who invited him/her (i.e. the referral code holders) will also receive a 15% discount.
Both discounts are valid for 1 month from issue and can be used without a minimum purchase on all products available on the site and in Participating Stores except for the “Illy Art Collection” products.
This offer cannot be combined with other promotions.
C) CUSTOMER BIRTHDAY
All Participants who have downloaded the App will be awarded a special promotion during the month of their birthday. The "Customer Birthday" entitles Participants to a gift through one of the following routes:
• By redeeming it at a Participating Store with no purchase obligation.
• By purchasing an illy product on the illy.com website and redeeming with purchase.
Participants will be informed about the details of the gift and how to receive it via the App and/or e-mail during the month of their birthday.
The gift must be redeemed within one month after receiving the communication.
The gift may differ depending on the membership level.
D) OTHER GIFTS AND SPECIAL PROMOTIONS
In addition to the level Benefits, the Programme may create other gifts, activities, and promotional initiative; including, but not limited to: special offers, promotions, unexpected delights and competitions Some initiatives may be reserved for certain Participant categories based on defined characteristics and/or requirements, e.g. having downloaded the App. 7.
CHANGES TO THE REGULATIONS
During the Validity Period, the Promoter reserves the right to modify, replace and/or integrate the methods for accruing Hearts and/or the required Participant actions, as well as to launch marketing initiatives (e.g. accelerators, extra bonuses, etc.) that will allow further opportunities to earn Hearts.
The Promoter will promptly communicate any such modifications or changes in a manner it deems most effective and in compliance with applicable laws.
During the Validity Period, the Promoter, while safeguarding previously acquired Benefits, also reserves the right to modify the criteria and requirements for the attribution of levels and its relative Benefits.
8. MISCELLANEOUS TERMS AND LIMITATIONS
a. The Programme is valid only at participating illy Caffè coffee shops in the UK and online at illy.com. A list of participating illy Caffè coffee shops is available on https://www.illy.com/en-gb/stores.
b. Membership in the Programme is non-transferable. By enrolling and becoming a Participant in the Programme, you agree to these Terms as they may be in force and changed at any time. You are responsible for remaining knowledgeable about the Terms. If you disagree with any part of these Terms, you may not use the Programme. Your use of the Programme constitutes your acceptance of all published Programme Terms. The Programme is not available to employees of the Promoter or illy and its affiliates or subsidiaries. The Promoter reserves the right to void Heart points or to otherwise disqualify Participants who have violated any of these Terms or committed any fraud or abuse of the Programme.
c. If for any reason the Promotion is not capable of running as planned (including but not limited to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion), the Promoter reserves the right (subject to any written directions given under applicable law) to disallow any reward claims at its sole discretion or to cancel, terminate, modify or suspend the promotion.
d. The Promoter reserves the right to make changes to these Terms and Conditions – respecting the rights of all the participants in the offer. Any changes that might be made will be communicated to participants by the same means used to communicate these Terms and Conditions.
e. Purchases paid with Hearts, gift cards, and/or discount coupons will not earn Heart points except to the extent that the purchase amount exceeds the amount paid with such points.
f. Any tax liability, including disclosure, connected with the receipt or use of Hearts points is the sole responsibility of the Participant. Purchases made prior to a Participant’s enrollment in the Programme are not eligible to earn Hearts.
g. Except as required by law, the type, quality or fitness of goods or services provided through the Programme, including, but not limited to the Benefits, have no express or implied warranties or representations. Promoter hereby disclaims the implied warranties of merchantability and fitness for a particular purpose, and to the maximum extent permitted by law, expressly disclaims any and all liability (including consequential damages) relating to the Programme or the Benefits.
h. No bulk, third party or organised group claims will be accepted.
i. The Promoter cannot accept any responsibility for any damage, loss, or injury (including indirect or consequential loss) suffered by any entrant entering the Programme or as a result of accepting any Benefit.
j. The Promoter is not responsible for any technical problems or human error that may result in a registration, submission, or entry not being received or being lost or damaged, or for any destruction or alteration thereof, or unauthorised access to the Site.
k. The Promoter’s decision regarding any aspect of this Programme is final and no correspondence will be entered to.
l. The Promoter reserves the right to withdraw, vary, cancel, or suspend an element of a Benefit if, due to circumstances outside of its control, that element is no longer available. The Promoter will not be responsible for, or liable to any Participant if all or part of a Benefit is not available or must be varied or cancelled for any reason. In the event of unforeseen circumstances, the Promoter reserves the right to substitute an element of the Benefit for an alternative of equal or greater value.
m. The Promoter is not responsible for any third-party acts or omissions.
n. If an act, omission, event, or circumstance occurs which us beyond the reasonable control of the Promoter, and which prevents the Promoter from complying with these Terms, then the Promoter will not be liable for any failure to perform or delay in performing its obligation.
o. The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these Terms of entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Programme.
The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
9. PROCESSING OF PERSONAL DATA
1. General information
illycaffè UK Limited ((hereinafter, also “illycaffè UK”) and illycaffè S.p.A. (hereinafter, also “illycaffè”) inform you (hereinafter, also referring to you as the “user”) that it will process the personal data you have provided for the purposes illustrated below. Only the data necessary for the purposes referred to in this policy will be requested and processed. 2. Purposes and legal basis The data will be processed by illycaffè UK:
A. to enroll you in the ILLY LOVERS program as per the General Membership Conditions and to let you enjoy the dedicated benefits. The processing is based on the following legal basis: need for the performance of a contract; The data will be processed by illycaffè UK and illycaffè:
B. to fulfill an obligation established by law, by a regulation or by EU legislation (for this purposes the legal basis is the fulfillment of legal obligations) and for legitimate interests such as to assert or defend an illycaffè UK and illycaffè rights (for this purposes the legal basis is the fulfillment of legal obligations). The data will be processed by illycaffè S.p.A:
C. to deliver advertising communications and information on products, services, programs of illycaffè and its partners and to carry out market research and/or surveys regarding illycaffè products and services. For these purposes, illycaffè will use the e-mail address you provided in the registration form or other contact details provided also afterwards (please note that e-mails and SMS/MMS can also be sent through automated systems). The processing is based on the following legal basis: consent;
D. to create a user target (targeting), based on the information collected by illycaffè about the user, including the analysis of purchasing habits aimed at carrying out specific marketing and promotional activities, proposing direct sales and sending commercial communications, in accordance with the specific needs of the user which emerged from the targeting. For this purpose, the data will be processed also using databases and automated systems. Can be created a target both individual user and of homogeneous classes of users. In addition, it may also be possible to associate and compare data coming from different databases of illycaffè partners (subsidiaries or affiliates companies of illycaffè S.p.A. resident in the European Union and subsidiaries or affiliates companies of Gruppo illy S.p.A. resident in the Union European). Marketing and promotional activities, commercial communications and direct sales will be proposed to the user only if specific consent for such kind of processing has been given. The consent and provision of data for such purpose are optional; the processing is based on the following legal basis: consent.
3. Mandatory provision of data
The provision of data is necessary for the purposes referred to in the previous point 2(A) and 2(B) of this policy. Any refusal to provide it in whole or in part may give rise to the impossibility for the Company to enroll you in the ILLY LOVERS program and let you enjoy the dedicated benefits. The provision of data for the purposes referred to in point 2 (C) of this policy and the consent to its processing are optional. In case consent and provision is not given, there will be no consequences for the user besides the fact that they will not be subject to the activities referred to in point 2 (C) or will not be subject to the activities at the addresses not provided. Please note that even if the user consents to the processing for the purposes referred to in point 2(C) of this policy, they may revoke the consent given for any reason and object to the activities in question by contacting the data controller. The provision of data for the purposes referred to in point 2(D) of this policy and the consent to its processing are optional. In case consent and provision is not given, there will be no consequences for the user besides the fact that they will not be subject to the activities referred to in point 2(C). Please note that even if the user consents to the processing for the purposes referred to in point 2(D) of this policy, they may revoke the consent given for any reason and object to the activities in question by contacting the data controller.
4. Data addressee categories
The data collected and processed may be disclosed to public bodies and post offices (which can see the address for sending any written communications) for the purposes referred to in point 2(A) of this policy. The data may be disclosed to lawyers or legal consultants, public bodies, judicial bodies, police forces and post offices (which can see the address for sending any written communications) for the purposes referred to in point 2(B) of this policy. For the purposes referred to in point 2(C) of this policy, the data may be disclosed to forwarding agents and post offices, for the dispatch of advertising material. For the purposes referred to in point 2(D) of this policy, the data will not be disclosed to third parties. illycaffè UK and illycaffè will disclose only the data necessary for the pursuit of the purposes referred to in this policy. The data may be disclosed on behalf of illycaffè UK, each for own role, to all subjects delegated by illycaffè UK [employees in charge of the Program (also external to the Company), employees in charge of public relations (also external to the Company), administrative employees, the IT staff (also external to the Company, who can also carry out system administration duties being appointed as such in this case), consultants (also external to the Company) such as IT technicians who can also carry out system administration duties being appointed as such in this case or legal consultants, interns, website management staff (also external to the Company), marketers (also external to the Company), call center employees (also external to the Company), enveloping and shipping staff (also external to the Company), legal procedures employees (also external to the Company), staff of internal and external data controllers, internal auditor], internal and external data controllers (such as marketing companies, IT outsourcers, enveloping and shipping companies, call center companies, companies that support illycaffè UK in various activities). The data may be disclosed on behalf of illycaffè, each for own role, to all subjects delegated by illycaffè UK [employees in charge of public relations (also external to the Company), administrative employees, the IT staff (also external to the Company, who can also carry out system administration duties being appointed as such in this case), consultants (also external to the Company) such as IT technicians who can also carry out system administration duties being appointed as such in this case or legal consultants, interns, website management staff (also external to the Company), marketers (also external to the Company), call center employees (also external to the Company), enveloping and shipping staff (also external to the Company), legal procedures employees (also external to the Company), staff of internal and external data controllers, internal auditor], internal and external data controllers (such as marketing companies, IT outsourcers, enveloping and shipping companies, call center companies). The full list of data processors is available upon request to the illycaffè UK and illycaffè (by contacting them at the addresses indicated in point 6).
5. Data retention
The data will be retained for the whole period necessary for the purposes stated in this policy. The data retention period is as follows:
• for legal obligations, regulations and EU legislation, the data may be kept for the terms provided for by each regulatory source;
• for the purposes referred to in point 2(A) of this policy, the data may be kept for the terms established by law or up to the withdrawal of the Member from the ILLY LOVERS program without prejudice to the retention in accordance with the law;
• for the purposes referred to in point 2(C) of this policy, the data may be kept until the withdrawal of consent or the request for cancellation without prejudice to retention to demonstrate the consent previously given as provided for by law;
• for the purposes referred to in point 2(D) of this policy, the data may be kept until the withdrawal of the consent or the request for cancellation or for a maximum of 12 months from the registration, except for real anonymization which does not allow, even indirectly or crossing the information with other databases, to identify the data subjects; in any case, all data can be kept for a period necessary to assert or defend a company right based English, Italian and European regulations.
6. Data Controller and Data Protection Officer
The data controller for the purposes indicated to the point 2(A), 2(B) is illycaffè UK Limited a company duly incorporated and validly existing under the laws of England & Wales, whose registered office is at Unit 7 – 8 Osyth Close Brackmills Northampton NN4 7DY, Ph: +44(0)1604 821234, e-mail firstname.lastname@example.org.. The data controller for the purposes indicated to the point 2 (B), 2 (C), 2(D) is illycaffè S.p.A. with headquarters in via Flavia 110, Trieste, phone +39 0403890111, fax +39 0403890490, e-mail email@example.com. There is also a Data Protection Officer available at the e-mail firstname.lastname@example.org and at the Company’s addresses.
We inform you that the GDPR allows the data subject to request to the Data Controller (at the contacts mentioned above) full access to personal data and its correction, cancellation or limitation of the processing and to object to the processing, in addition to exercising the right to data portability, as well as other rights provided for by Chapter 3 of the GDPR, including that of revoking consent, where envisaged: the revocation of consent does not affect the lawfulness of the processing based on the consent given before the revocation.
The data subject can always lodge a complaint with the British Supervisory Authority whose references can be found on the website https://ico.org.uk/ and with the Italian Data protection Authority whose references can be found on the website www.garanteprivacy.it.
The processing of data for the purposes referred to in point 2(D) of this policy can be considered as targeting. The profiling is based on consumers data in order to better understand their consumption habits and direct their purchases with targeted communications and to create a customer experience. The data are extracted and processed through software that creates a consumption target consisting in the indication of the actions carried out (e.g. participation in an event or program, purchase of certain products, filling out questionnaires)
and on the analysis of certain characteristics that help define the customer category (e.g. age). However, this kind of processing does not constitute a particular risk to users’ privacy considering the type of basic targeting, that does not require data of a particularly delicate nature or that allows the detailed reconstruction of particularly reserved aspects of private life. Also, no legal effects are produced as a consequence of targeting that may affect the data subject and no decision is made on the basis of automated processing which is used only to create promotional messages in line with the tastes and habits of the user. Furthermore, the employees in charge of communication always filter out personal data when sending promotional content to the defined groups. The data subject always has the right to ask for human intervention, to express his opinion, to receive an explanation of the decision made and to contest the decision.
procedures We inform you that such data will be processed and stored by illycaffè UK and illycaffè manually, on paper, computerized or telematic systems. Protection systems are in force to ensure confidentiality. All data will be stored and processed confidentially in compliance with all applicable regulations (in particular, the principles of correctness, lawfulness, transparency, and protection of confidentiality and rights) and strictly for the purposes referred to in this policy. The data will undergo only the operations necessary for the purposes referred to in this policy. The data will be stored by the data processors appointed by illycaffè UK and illycaffè as well as the third parties to whom the data is transmitted in compliance with this policy. The data may also be organized in databases (also electronic ones).
The Promoter: Company organizing the present Promotion: ILLYCAFFE' UK LIMITED, Unit 7/8 Osyth Close Brackmills Industrial Estate, Northampton, England NN4 7DY, listed in the Register in the Company House with the number 11823145, VAT code GB 325925492.
Programme: The Loyalty Programme organized by Illycaffè UK Limited, named "ILLY LOVERS”. Site: the “Illy LOVERS” section of the website www.illy.com, dedicated to the Programme.
App: the mobile app named “ILLY APP” dedicated to the Programme, The app is available for free download on mobile devices with an iOS operating system equal to or greater than 10.0 or an Android equal to or greater than 6.0. Participants: European residents aged 18 years or older who order products on illy.com for UK home delivery or from participating stores in the UK and take part into the “ILLY LOVERS” Loyalty Programme.
Participating Stores: Stores located in the UK and designated as "illy Caffè" brand stores. The full list is available on illy.com and the ILLY App Validity Period: period during which consumers can enter the Programme: from September 30, 2020 to December 31, 2023, unless extended. Hearts: points to be accumulated for the purposes of the Loyalty Program. Hearts can be collected by purchasing illy products on www.illy.com and in Participating Stores.
Experiences: additional planned activities, available on the Site/App, to be completed by Participants to accumulate extra Hearts for the purposes of the Loyalty Program.
Benefits: offers and gifts offered to Participants upon reaching the defined Heart thresholds.