HESBURGER GIFT TERMS AND CONDITIONS OF REMOTE SALES & HESBURGER CUSTOMER REGISTER: PRIVACY POLICY

HESBURGER GIFT TERMS AND CONDITIONS OF REMOTE SALES

These terms and conditions apply to application gift cards (hereinafter “Hesburger Gifts”) purchased on the Hesburger application. The Customer hereby agrees to abide by these Hesburger Gift terms and conditions in connection with the purchase transaction.

1. Service provider

Burger-In Oy (hereinafter “Hesburger”)
2031967-6
Linnankatu 34, 20100 Turku, Finland

2. Terms concerning use of the Hesburger Gift

In order to purchase/redeem a Hesburger Gift, the Customer shall be a Hesburger Bonus Club member and use the Hesburger application as a registered user. The Hesburger Gift is issued for personal use. The Hesburger Gift may only be purchased in Finland for the time being.

The Customer may purchase a Hesburger Gift on the Hesburger application. When making a purchase, the Customer may assign a euro value to the Hesburger gift. When placing an order, the Customer may use an image file of their choice as the background for the Hesburger Gift and enter their own greeting text. Alternatively, a ready-made image file may be selected for the Hesburger Gift on the Hesburger application.

When purchasing a Hesburger Gift, the Customer shall provide the gift recipient’s phone number to which Hesburger will send a text message notification of the gift after the purchase is made.

The gift recipient shall redeem the Hesburger Gift using the link in the text message within 30 days of the date that the Hesburger Gift was purchased. When the recipient has redeemed the Hesburger Gift, the gift balance will be transferred to the recipient’s Bonus Club account. Then, the Hesburger Gift will be available to the recipient in their Bonus Club account balance in accordance with the Bonus Club  rules. The Hesburger Gift may not be converted into cash or a physical gift card.

If the gift recipient is not a Hesburger Bonus Club member, they shall be required to join Bonus Club in order to redeem the Hesburger Gift. The gift giver shall be notified when the gift recipient has redeemed the Hesburger Gift.

If the gift recipient does not join Bonus Club or redeem the Hesburger Gift within 30 days, the balance loaded to the Hesburger Gift shall be transferred to the Bonus Club account balance of the gift giver upon expiration of the 30-day redemption period specified above.

3. Pricing

The Hesburger Gift is paid when placing the order on the Hesburger application, and payment may be made using any of the payment methods used by the Customer and accepted on the Hesburger application. However, a Hesburger Gift may not be purchased with the Customer’s own Bonus Club account balance.

The minimum assignable amount on a Hesburger Gift is 5 euros.

4. Delivery fees and terms of delivery

When the Customer has purchased the Hesburger Gift, Hesburger shall send a text message to the phone number provided by the Customer. The text message will contain a link through which the gift recipient may redeem the Hesburger Gift. The Hesburger Gift balance shall be transferred to the gift recipient’s Bonus Club account when they have redeemed the Hesburger Gift.

No separate fees are charged for delivery of the Hesburger Gift.

Hesburger shall not be held liable if the telecommunications operator is unable to deliver the text message being sent to the gift recipient due to technical difficulties or for other reasons.

The Customer shall carefully check the phone number of the recipient before sending the order. Hesburger shall not be held liable if the Customer has provided the incorrect phone number and the Hesburger Gift is delivered to the incorrect recipient as a result of this.

Hesburger shall not be held liable for any damages, malfunctions or delays resulting from cases of force majeure. Cases of force majeure refer to any unforeseeable events or changes in conditions that are beyond the control of Hesburger and which Hesburger could not have reasonably anticipated or whose consequences Hesburger could not have avoided.

5. Order confirmation

Hesburger shall send an order confirmation of a successfully completed Hesburger Gift order to the Customer’s email address. Sending of an order confirmation requires that an email address willbe provided when placing an order. The Customer shall ensure that the email address is correct before submitting an order. In addition, a list of the Hesburger Gifts ordered by the Customer can also be found on the Hesburger application.

6. Privacy

Personal data sent when the Customer places an order shall be processed in accordance with the Bonus Club Privacy Policy. Hesburger reserves the right to process any information disclosed by the Customer in connection with ordering a Hesburger Gift that is necessary to providing service and maintaining contact with the gift recipient. After redeeming the Hesburger Gift, the gift recipient’s personal data shall also be processed in accordance with the Bonus Club Privacy Policy.

Hesburger Gift information and image files shall be deleted from the gift giver and gift recipient in accordance with the Bonus Club Privacy Policy in connection with the deletion of Bonus Club information. However, Hesburger may, if necessary, shorten the storage time of information and image files concerning the Hesburger Gift as services develop.

7. Rights to images attached to the Hesburger Gift

By downloading a background image to be attached to the Hesburger Gift, the Customer hereby affirms that:

a) they reserve the right to use and transfer the image material

b) the image material does not contain illegal content or violate good practices

c) the image file does not contain any viruses or other harmful properties

The Customer also hereby affirms that Hesburger may include the image file or part of it in the Hesburger Gift without any liability or payment obligations.

Hesburger is not liable for the content of image files submitted by its customers. Hesburger may, at its own discretion and at any time, delete image files submitted by customers from its server. Customer material uploaded to the Hesburger server shall be considered non-confidential and non-proprietary.

8. Right to cancel and cancellation instructions

The Customer reserves the right to cancel a Hesburger Gift order within 14 days of placing it without cause, provided that the gift recipient has not yet redeemed the Hesburger Gift. The Customer shall no longer reserve the right to cancel when the gift recipient has redeemed the Hesburger Gift.

The cancellation period ends 14 days after the purchase of the Hesburger Gift. In complying with the cancellation period, the Customer shall only be required to submit a notification that they intend to exercise their right to cancel prior to expiration of the cancellation period.

In order to exercise their right to cancel, the Customer shall notify Hesburger of their decision to cancel the agreement in an unambiguous, permanent manner. The Customer may submit a cancellation notification by email to bonusklubi@hesburger.fi.

When submitting a written cancellation notification, the following will be sufficient:

Recipient + contact details
I/We hereby submit (*) this notification of my/our intent (*) to cancel my/our (*) agreement concerning the provision of the following goods (*)/services (*):
Order date (*)/Date received (*)
Consumer’s name (*)/Consumers’ names (*)
Consumer’s address (*)/Consumers’ addresses (*)
Consumer’s signature (*)/Consumers’ signatures (*) (only if the form is filled out in paper form)
Date

(*) Cross out that which does not apply

9. Consequences of cancellation

If the Customer cancels this agreement, Hesburger shall return the balance of the Hesburger Gift to the Customer immediately and, in any case, by no later than 14 days of receiving the cancellation notification. The balance shall be returned using the same payment method that the Customer used to purchase the Hesburger Gift.

10. Complaints concerning the Hesburger Gift

Complaints concerning the Hesburger Gift may be lodged with Hesburger using the following contact details:

Phone:
Switchboard: +358 (0)2 4808 9000 (weekdays 8-16)
Email: bonusklubi@hesburger.fi

11. Other terms and conditions

Finnish law shall apply to the use of this service and these terms and conditions.

Hesburger may change or update the Hesburger Gift or remove it from use at its own discretion. This also includes any amendments made to these terms and conditions. Any material amendments to the agreement shall, however, be made to customers with reasonable prior notice.

Both parties shall make every effort to amicably resolve any disputes arising from this agreement first through negotiation. If the dispute cannot be resolved by negotiation, the dispute shall be brought before the competent court of the Customer’s place of residence. The Customer may also bring a dispute before the competent court of Hesburger’s domicile. Furthermore, the Customer may bring the dispute before the Consumer Disputes Board for resolution. Consumer Disputes Board, P.O. Box 306, 00531 Helsinki, Finland, https://kuluttajariita.fi/en/index.html

HESBURGER CUSTOMER REGISTER: PRIVACY POLICY

The Hesburger Group is committed to protecting the privacy of its customers. In this privacy policy, we will explain how Burger-In Oy and other companies belonging to the Hesburger Group within the EU and the EEA (hereinafter referred to as “Hesburger” or “we”/”us”) process the personal data of their customers (hereinafter referred to as the “Customer”/”Customers”).  Personal data is data on the basis of which the Customer can be identified, such as their name and telephone number.

1.  Why do we process your personal data?

We process personal data, for example, when we receive customer feedback from the Customer or the Customer makes a purchase at the Hesburger online shop. We describe the personal data processing of our Bonus Club Customers in a separate privacy policy (the “Bonus Club Privacy Policy”), which you can read either via your Hesburger app or in the Bonus Club section of the Hesburger web pages.

Personal data can be processed based on the Customer’s consent, an agreement concluded with Hesburger, our legal obligation or a legitimate interest.

We process personal data only to the extent that it is necessary for the following purposes of use:

  • Managing and developing the customer relationship between Hesburger and the Customer.
  • Processing and answering customer feedback (processing criterion: legitimate interest)
  • Processing and answering credit requests or reclamations (processing criterion: legal obligation)
  • Holding drawings and contests, delivering prizes and publishing the names of the winners in accordance with the contest rules (processing criterion: legitimate interest)
  • The delivery and processing of orders placed at the online shop (processing criterion: legal obligation)
  • Web page development, use analysis and the targeting of marketing (processing criterion: consent). You can learn more about the cookies used by Hesburger under our “Cookie Policy”.

As a prerequisite for processing, a legitimate interest is based on the law and its application requires that the interests and rights of the data subject are taken into extremely precise consideration. Legitimate interest refers to processing, which is materially related to the operations of the controller, and which the Customer can reasonably assume to belong within the sphere of those operations.

Personal data may only be processed for specifically prescribed purposes. On the basis of personal data provided by the Customer, the Customer may not be, for example, solicited with direct marketing without the express consent of the Customer, nor may their personal data be processed in any way that violates the terms of this privacy policy. 

2. What kind of data concerning me is collected and what are the sources of the data?

Data is collected directly from the Customer when the Customer contacts Hesburger, such as to give feedback or participate in a contest, or when the Customer places an order on the Hesburger web shop. This data includes the Customer’s name, address, email address, phone number, Hesburger Bonus Club member number, drawing and contest response information, permissions and consent, gift card recipient contact details and messages for the gift card recipient.

Data is also collected in connection with use of the service. When the Customer places an order on the Hesburger web shop, the Customer’s purchase data (e.g., order time and payment information) is stored in the register. User data, such as IP address, browser information and the time of use, is collected when using the Hesburger website.

3.  Who processes personal data?

At Hesburger, personal data is processed by personnel whose job descriptions include the maintenance and management of the services in question. To process the matter, the data may be transferred within the Hesburger Group.

In processing personal data, we also use third-party services. We require the data to be used only to carry out the purposes of use described above.

Data is transferred to the following parties outside of Hesburger:

  • Data is transferred to Hesburger franchisees engaged in Hesburger business operations. Such data includes customer feedback and credit requests. The full names and contact information of Hesburger franchisees are presented on the Hesburger web pages in connection with the details of each location.
  • Data is transferred to service providers, which are responsible for the maintenance and development of Hesburger’s IT services.
  • Data concerning the web shop is transferred to payment intermediation service providers and transport service providers.
  • Data is transferred to law enforcement agencies and other authorities if this is necessary due to a law, regulation or legal request or for the investigation of a crime or the exercise or defence of a legal claim.
  • Data is transferred to insurance companies for the processing of damage claims.
  • Data can be transferred, in the event of a business acquisition or merger, to the purchaser of the business.

4.  Data transfers to third countries, safeguard measures for the transfers

Hesburger uses subcontractors in the processing of personal data and in this context, data is also processed outside the European Union (EU) and the European Economic Area (EEA). If personal data is transferred outside the EU or the EEA, we ensure an adequate level of personal data protection, for example, by using standard contractual clauses approved by the European Commission.

5.  Data protection

Hesburger employs technical and organisational measures to prevent the unauthorised use, transfer, deletion or other processing of personal data that may jeopardise data protection. The register is kept in electronic form. Use of the register, altering data and processing are only done using multilevel user identification by means of an encrypted application. Only appointed persons tasked with maintaining and managing the system are allowed to use the register. Register data is protected against being accessed from outside and use of the register is monitored.

6.  How long is the data stored?

Data is stored as follows:

  • Customer feedback and credit requests: Data is deleted one (1) year after the date on which the Customer submitted feedback. However, data may be stored for a longer period of time if there is a justifiable reason for doing so, such as customer credit given on the basis of customer feedback, compensation for damages, or any other legal reason.
  • Drawing and contest participant information: The data is deleted when the winner has been contacted and the prizes have been awarded.
  • Web shop personal data and transaction data: The data is stored for as long as is necessary, as stipulated in accounting and consumer protection legislation.
  • Website data: The particulars of cookie retention periods are available in our separate “Cookie Policy”.
  • Other Customer data: Data is stored for as long as it is necessary to process data for one of the above-mentioned purposes.

7.  Joint controllership with Facebook

When Hesburger maintains social networking pages on Facebook, Hesburger and Facebook Ireland Limited are joint controllers of the user data for the Hesburger pages. Facebook processes personal data in accordance with the privacy policy of its own, available at www.facebook.com/privacy/. Facebook is primarily responsible for compliance with data protection legislation and the fulfilment of data security and the rights of those registered with its services. Hesburger processes data based on legitimate interest.

Through Facebook, Hesburger gains access to a registered Facebook user’s public data, such as data about the user name and profile picture. We process this data only for purposes of our own, such as telling you about new products and services and for marketing, receiving customer feedback, purchasing advertising from Facebook, and measuring the reach of advertisements.

8.  Information about automatic decision-making (profiling)

Hesburger does not engage in any automatic decision-making, such as profiling, based on the Hesburger customer register.

9.  Customer rights

The Customer may exercise the rights mentioned below by contacting Hesburger by mail or email.

Right of access

The Customer has the right to inspect their own data in the register.

Right to request correction of incorrect or incomplete data

The Customer has the right to request that incorrect or incomplete data be corrected.

Right to erasure

The Customer has the right to request that their personal data be deleted from the Bonus Club register ("Right to be forgotten"). At the Customer’s request, Hesburger shall make every effort to delete the data without undue delay, except in cases where there are legal reasons for denying the deletion of data. 

Right to restrict and oppose processing

The Customer has the right to restrict and oppose the processing of their personal data. When the Customer has submitted a request, Hesburger may no longer process the Customer’s personal data, unless there is a legal reason for processing.

Right to transfer data from one system to another

The Customer has the right to receive their personal data in a structured and commonly used form, in which the customer is able to transfer the data to another controller.

10.  Right to file a complaint

The Customer may file a complaint concerning the processing of personal data with the competent authority in their country of residence. Detailed information on National Data Protection Authorities can be found here: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

11. Who is the controller of your personal data and where can you contact them?

The controller is Burger-In Oy.

Enquiries concerning the register may be made by post or email:

Burger-In Oy

Linnankatu 34

20100 Turku, Finland

privacy@hesburger.fi

 

 

Updated on 2 February 2021