General conditions for using Happy CLUB
- Scope and connection with other provisions
These General Terms and Conditions govern participation in the Happy CLUB client program (hereinafter “Service”). The service is provided and managed by HEPI EAD, entered in the Commercial Register and the Register of Non-Profit Legal Entities kept by the Registry Agency with UIC: 103924544, registered office and address of management Varna, 25 Tsar Osvoboditel Blvd. (below) “HAPPY” or “we”). The service is aimed at users (hereinafter “Users” or “You”) who want to receive from HEPI personalized information about commercial offers, discounts and promotions of HEPI, which are as close as possible to the interests of the person concerned. Therefore, the service aims to ensure that users receive relevant content and in particular that HAPPY does not send information that is not of interest to the user concerned.The service is provided on the basis of the following General Terms and Conditions.
- Prerequisites for participation
You must be at least 18 years of age and be a user within the meaning of § 13, item 1 of the Bulgarian Consumer Protection Act in order to request use of the Service. Participation can only be personal. Participation as a trader within the meaning of Article 1 of the Bulgarian Commercial Law is not possible.
- Registration and account
To use our Service, you must create your account (Happy account). Because we provide the Service voluntarily and free of charge, we have the right to refuse to create an account in individual cases without giving a reason.
The e-mail address (e-mail address) as well as your mobile number, which you provide during registration, cannot be used to another account. It is also forbidden to provide an e-mail address, mobile number or other contact information that does not belong to you, especially the so-called. “Temporary emails”. You must keep your access data. It is forbidden to give other people access to your account.
Any relationship with HAPPY that takes place through your account will be attributed to you. This is also the case if third parties have acted on your account, if those third parties have been able to use your account due to your culpable conduct. You must notify us immediately of any unauthorized use of your account and change your access details if you suspect that your account is being used by third parties.
You can register for Happy CLUB through our application, which is available for various mobile platforms. A client number will be automatically generated during registration. The data we collect are the following: name, surname, date of birth, e-mail address, mobile phone number and preferred restaurant “Happy”. In case you register as an employee of our corporate client, you should indicate the legal entity that is your employer. Gender and city data can be provided if desired. The geolocation function on your mobile device can also be used to determine your preferred restaurant. In case you choose to access the application through your Facebook profile, the application will receive data from Facebook for your name, surname, email and facebook-identification number, and you should additionally add the other data listed above necessary for the use of the application.
- Subject of the Service
4.1. Appropriate information
The purpose of the Service is to provide you with discounts and promotional offers for the goods and services offered in restaurants of the “Happy” chain and to send you, resp. to show you in the Happy CLUB application, the most relevant information that meets your interests as much as possible and – as far as possible – to compile our offers and services for you personally.
Participation in Happy CLUB is free.
With Happy CLUB you can offer a wide range of service offers tailored to your needs. These include, among other things, discounts, promotions, offers tailored to your needs and desires, participation in prize games and other attractive offers. To this end, we will try to meet your interests and preferences regarding products and services offered by HAPPY.
To the extent that we ask for your consent to the processing of your data in the manner described below, the relevant information will be processed for the purposes of Happy CLUB only if you have given such consent. Because Happy CLUB is designed to provide you with the most accurate information and offers based on your identified needs and desires, without giving your consent to analyze your behavior when using this application, you will unfortunately only be able to use its basic version. In this case, you will still be able to see information about our products, but you will not be able to p you use discounts and special promotional offers.
4.2. Data collection and storage
The basis for providing discounts, determining offers and promotional offers that are suitable for you are the data specified in this section:
4.2.1. Registration for Happy CLUB
As part of the registration process, we require the following basic customer data: Name, surname, date of birth, email address, mobile number and preferred restaurant “Happy”. Gender and city information can be provided upon request. Your favorite restaurant “Happy” can be shared with us by using the geolocation function of your mobile device.
4.2.2. Visits to restaurants
When you identify yourself when using / paying for services, discounts and offers in the Happy restaurant you visit, we find out who the restaurant you visited, the products you bought by type, quantity and price, the total amount of the receipt, as well as the of payment and the types of means of payment used. By adding your specific purchase to your customer account, we follow the ones defined in item 4.1. above goals, namely to offer you offers tailored to your preferences and interests, as well as participation in appropriate promotions. The active identification in front of the restaurant staff is done through your QR-code, which is contained in the application / as a separate image or as part of a digital customer card /.
4.2.3. Customer Service
In the event that you contact our customer line, we use the information you have provided in this regard. When you send feedback to us, Happy CLUB automatically adds to the email you send who the user sending this feedback is.
4.2.4.Using the application
When using the Happy CLUB application, we receive information about the restaurants you visit, as well as information about your orders and purchases, your notification settings, participation in prize games, and your chosen main restaurant. In addition, we process your customer number (ID), information about the version of the operating system used, the device identification, the system language and the selected country, as well as the version of the application you are using.
Your login information is collected and used to automatically log in to the application. To avoid having to sign in every time you open the app, your login will remain in the app stored encrypted until you sign out of your account.
4.2.6. Newsletter / Push notifications / short messages (SMS)
We also collect data about your user behavior regarding the newsletter (newsletter) and other information that we have sent you as push notifications or SMS, save it and, if possible, link it to you, your email address or your customer number. In this way we receive information about the time of opening, the links you use, the products and offers reviewed, the duration and frequency of use.
4.3. Data analysis
We save the ones described in item 4.2 in our database. We evaluate the data in order to identify information that may be of interest to you so that we can send or display only such information. We also use mathematical-statistical methods to determine your likely interests and preferences for specific products. For this purpose, your personal data is compared with the data of other customers. Based on this comparison, we can extract which other products and promotions that other customers with comparable interests have been interested in might be of interest to you as well. At the same time, HAPPY does not undertake to ensure that the data processing is always efficient, as is the goal, and that you will only receive offers and promotional offers that are of interest to you.
HAPPY does not collect special categories of personal data within the meaning of Article 9 (1) of the GDPR, and such are not included in the assessment.
- General requirements for using the service
To use the Happy CLUB service you need a valid mobile phone number and email address.
In addition, in order to use the Happy CLUB application, the participant must download it from the application platform (App Store / Google Play). There are specific versions of the application for different types of mobile devices. For technical reasons, suitable software cannot be offered for some types of mobile devices. If there is no suitable version of an application for the respective mobile device of the subscriber, this subscriber cannot use the services. HAPPY makes every effort to offer the application for as many different types of devices as possible. Due to the ever-changing product range in the mobile device market, HAPPY cannot offer a current list of all devices with which the services can be used.
The installation of the application and the use of the service require regular transmission of data on a mobile phone to y rty knowledge with reasonable precautions. If there are signs of improper use of the service, the user must immediately notify the Operator. The user is responsible for the consequences of misuse by third parties, insofar as he is responsible for it or could have, but did not prevent it.
- Subject of the service
The subject of the Happy account service is the provision of various online offers for the use of promotional offers in various Happy restaurants in the country. This essentially means that the created account can be used for all contained offers, without the need to register or re-enter detailed user data each time.
The administration of user data is done centrally through a Happy account. The specific offer and are used by identification with a QR-code.
Using a Happy account is free. However, the use of specific offers may incur costs, which are presented to each relevant offer accurately and clearly in accordance with legal requirements. Costs also arise for all necessary third party services, such as the use of an internet connection.
- Warranty, liability
The operator strives to maintain each registered Happy account constantly and without problems. Due to technical specifics such as configuration changes, maintenance, device failure, etc. however, this cannot be fully guaranteed. In the event of a problem with the provision of the service, the Operator will strive to restore full usability and functionality as soon as possible. The operator is not responsible for any consequences arising from the lack of (full) usability. The Operator reserves the right in the future to provide the Happy account service with a reduced and / or modified set of functions, respectively to completely suspend the provision of the service. The user has no contractual right to (continuous) usability of this (free) service. The operator is not responsible for any claims arising in this regard, as well as for the inability to use the services due to actions / inactions of third parties – e.g. internet service provider.
In addition, the Operator shall be liable for compensation only for damages due to intentional or gross negligence of significant obligations of the Operator, its legal representatives or employees. Significant contractual obligations are those whose performance is necessary to achieve the purpose of the contract.
- Termination, deletion, change
Both the Operator and the user may terminate their relationship on the use of the Happy account at any time without notice. As part of the Happy account management, the user can initiate its deletion at any time.
Termination by the Operator may follow if the user violates these General Terms. Until the circumstances of such a possible breach are clarified, user data may be blocked.
The operator reserves the right to adapt updated conditions in the future. Users will be informed by an appropriate message in the application, and they will be asked to confirm that they have read and will comply with the new conditions. These updates do not cover major changes such as obligation to pay costs that always require explicit consent. If the user objects to a change, the operator may terminate the relationship to use a Happy account.
- Protection of personal data
- Final provisions
With regard to consumers as a party to these General Terms and Conditions, Bulgarian law applies.
These General Terms and Conditions for use of “Happy Account” were accepted by “HAPPY” EAD on 14.10.2020.