LACOSTE LOYALTY PROGRAM

Regulations

1. GENERAL TERMS OF THE LACOSTE LOYALTY PROGRAM MEMBERSHIP

1.    These Regulations govern participation in the Lacoste Loyalty Program (the ‘Program’). By registering and participating in the Program, the Participant accepts these Regulations in their entirety.

2.    The organiser of the Program is Devanlay Polska sp. z o.o. (‘Lacoste’).

3.    You can become a participant in the Program at any time:

·      Online: by completing the online registration form.  Participants can register via the official Lacoste website (www.lacoste.pl) by completing the online form and accepting these Regulations. After submitting the application, participants will receive a text message (SMS) as confirmation of the activation of participation, or

·      Offline: by registering at one of the Lacoste stationary stores, using the registration form available on the tablet and accepting these Regulations. Offline registrants will receive a text message confirming membership activation.

4.    In order to register for the Program, it is necessary to provide the following personal data: first name, surname, mobile phone number, e-mail address and date of birth. Any personal data provided during registration will be processed in accordance with the Privacy Policy and applicable data protection legislation, including GDPR. Participants are responsible for ensuring that all information provided during registration is accurate and up-to-date. Participants are also required to update any

changes to their details (e.g., change of address or e-mail address) immediately via the e-mail address gdpr.east-europe@erenretail.com.

5.    Membership in the Program is available to individuals who:

a.    are over 18 years of age and have full legal capacity, or in cases provided for by law, are natural persons with limited legal capacity,

b.    are consumers within the meaning of Article 22(1) of the Act of 23 April 1964 Civil Code (Journal of Laws 2017, item 459, i.e., as amended).

c.    give consent to profiling as part of the data processing activities described in Lacoste's Privacy Policy. Byparticipating in the Program, Participants confirm that they meet the above eligibility criteria. Lacoste employees, contractors or agents may be excluded from certain aspects of the Program in accordance with Lacoste's internal

policy.

6.    Membership in the Program is assigned to a specific person only; only the person registered as a Program Member can obtain the benefits associated with the membership account. The account is linked to the Participant's mobile phone number. The participant's mobile phone number is the unique identifier of the participant in the Program. A change of telephone number will be treated as the creation of a new account in the Program.

7.    Participation in the Lacoste Loyalty Program is voluntary and free of charge.

2. BENEFITS OF THE PROGRAM

1.    The Program allows you to enjoy benefits dedicated to Program members, such as:

·      access to selected promotions, including special discounts during seasonal sales events,

·      early access to sales before the official start of the season,

·      the possibility of receiving gifts when purchasing selected products from the new collections,

·      and other benefits determined individually by Lacoste.

2.    The scope and terms and conditions of the Program benefits may be updated from time to time and communicated to participants via e-mail, text message or on the Program’s website. Continued participation in the Program after the changes have been implemented is tantamount to acceptance of the amended Regulations.

3. PROCESSING OF PERSONAL DATA

1.    At Lacoste, we protect personal data. All personal data collected through membership of the Program will be used and shared for the sole purpose of Lacoste's communication with Program Participants, for the purpose of sending messages regarding products and events.  Lacoste processes and is responsible for the processing of the personal data of Program Participants, in accordance with applicable national data protection legislation.

2.    The Data Controller of the personal data of the participants in the Program is Devanlay Polska sp. z o.o.

3.    The Data Controller can be contacted:

a.    By post to: Devanlay Polska Sp. z o.o., ul. Złota 59, 00-120 Warsaw

b.    By e-mail to: gdpr.east-europe@erenretail.com

4.    The personal data of Program Participants is processed for the following purposes:

•    implementation of the Program, including enabling the use of the benefits of the Program,

•     marketing communications (where consent has been given),

•     fulfilment of legal obligations incumbent on the Data Controller,

•     defence against possible claims.

5.    The legal basis for data processing is:

•     necessity for the performance of the agreement (Article 6(1)(b) of the GDPR),

•     Data Controller's legitimate interest (Article 6(1)(f) of the GDPR),

•    participant's consent (Article 6(1)(a) of the GDPR), in the case of marketing activities. Participants must consent to the processing of their personal data for marketing and profiling purposes during the registration process. This consent can be changed at any time, as explained in Lacoste's Privacy Policy.

6.    Personal data shall be retained for the period of participation in the Program and until the statute of limitations for possible claims or the withdrawal of consent to process data for marketing purposes.

7.    The Program Participant has the right to access the content of his/her data and to rectify, erase, restrict the processing, transfer the data, as well as to object to the processing of personal data.

8.    Detailed information on the processing of personal data is available in Lacoste's Privacy Policy.

9.    Participation in the Program is possible on the condition that the Participant provides true personal data during registration. Participants must consent to the processing of their personal data for marketing and profiling purposes during the registration process. This consent can be changed at any time via the e-mail address gdpr.east-europe@erenretail.com, as explained in Lacoste's Privacy Policy. Detailed information on the purposes and principles of processing Participants' personal data and their rights can be found at: https://www.lacoste.pl/polityka-prywatnosci/

4. WITHDRAWAL OF CONSENT AND CANCELLATION OF PARTICIPATION IN THE PROGRAM

1.    Participation in the Program is based on acceptance of these Regulations. By registering for the Program, Participants agree to comply with all the provisions of this document. Consent to the terms and conditions of the Program includes the consent to receive communications regarding Program activities and promotions.

2.    Participants may also give separate consent to receive marketing and promotional communications under the terms of Lacoste's Privacy Policy. Opting out of marketing communications does not affect your participation in the Program, but opting out of profiling purposes (and revoking your consent to profiling) will cause you to leave the Program.

3.    Each Participant in the Program has the right to withdraw consent and to opt out of the Program at any time. The Participant acknowledges that Lacoste is not interested in: sending non-personalised communications, creating an account without the possibility of profiling and sending personalised marketing communications. Therefore, withdrawal of consent to profiling results in automatic exit from the Program.

4.    By cancelling the Program, the participant's account will be deleted and he/she will lose access to all the benefits of participating in the Program.

5.     The Participant may withdraw consent to participate in the Program in any of the following ways:

a.    Via a link in the newsletter, which redirects to a page that allows you to automatically request an unsubscription from the Program.

b.    By sending an e-mail to: gdpr.east-europe@erenretail.com In the title of the message please write: “Withdrawal of consent to participate in the Loyalty Program”,

c. and in the content of the message please state:

o   full name,

o   the telephone number provided during registration (account ID).

6.    Lacoste reserves the right to close or suspend a Participant's account without prior notice in the event of suspected fraud, violation of these Regulations or abuse of the benefits of the Program

5. TERMINATION OR AMENDMENT OF THE PROGRAM OR REGULATIONS

1.    Lacoste reserves the right to terminate the Program at any time. In the event of

termination of the Program, Lacoste will notify Participants by e-mail or via its website. Lacoste will have no further obligations to the Participant. 

2.    Amendments to the Program shall enter into force immediately after a period of 30 days. Participants shall be notified of any significant changes by e-mail. Continued participation in the Program following such changes shall constitute acceptance of the amended Terms and Conditions.

3.    Lacoste has the right to amend these Regulations, the benefits offered and the regulations of the Program at any time in accordance with applicable law. Amendments shall be implemented immediately. Continued participation in the Program following such changes shall constitute acceptance of the amended Regulations. If the Participant does not agree with the amendments, he/she has the right to cancel his/her membership.

4.    Membership of the Program, and any benefits derived from the Program, are not exchangeable for cash, nor do they confer a right to receive cash. Promotions cannot be combined with other promotions.

6. DISCLAIMER AND LIMITATION OF LIABILITY

1.    Participation in the Program is provided ‘as is’ and ‘as available’. Lacoste makes no express or implied warranties or representations in relation to the Program, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Lacoste does not guarantee that participation in the Program will be uninterrupted, secure or error-free, nor does it guarantee the accuracy or completeness of any information relating to the Program.

2.    Lacoste shall not be liable for failure to perform its obligations under the Program due to force majeure understood as events beyond its reasonable control, including but not limited to natural disasters, pandemics, strikes or government action.

7. PARTICIPANT SUPPORT AND CONTACT INFORMATION

Lacoste undertakes to resolve any complaints about the Program in a fair and timely manner. Complaints should be submitted through the following channels:

Devanlay Polska Sp. z o.o.

ul. Złota 59

00-120 Warsaw

Phone: +48 22 222 2000

E-mail: gdpr.east-europe@erenretail.com

Lacoste shall respond to the Participant's complaint within 14 days of receipt. If Lacoste does not respond to the complaint within the specified period, the complaint shall be deemed to have been accepted. Lacoste shall respond to the complaint on paper or via another durable medium such as e-mail. Participants can make use of out-of-court dispute resolution methods and free consumer advice offered by the district (city) consumer ombudsman and the Provincial Trade Inspector. Detailed information can be found on the websites of the above-mentioned entities, as well as on the website of the Office of Competition and Consumer Protection (https://uokik.gov.pl/).

Participants may also address complaints to the relevant customer protection authorities if they are not satisfied with the solution as indicated above: https://consumer-redress.ec.europa.eu/

8. GOVERNING LAW AND JURISDICTION

These Regulations and any dispute arising out of or in connection with them shall be governed by Polish law. Any disputes shall be settled by the competent court in accordance with the relevant provisions of the Act of 17 November 1964. - Code of Civil Procedure. The above also applies to any issues and disputes relating to the Program.