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Terms & Conditions - Loyalty Program
Effective as of November 2024
This loyalty program, which has been designed for use with mobile devices (collectively, the "Mobile Service"), is controlled by and/or maintained by The Real American Doughnut Company Inc. and/or one or more of its subsidiaries or affiliates (individually and collectively, "The Real American Doughnut Company Inc.," "we," "us," or "our"). Read these Terms and Conditions before using our Mobile Service. By using our Mobile Service, participants ("Participant", "you," "your") agree to be bound by each of the Terms and Conditions set forth below and any amendments thereto ("Terms and Conditions"). Review these Terms and Conditions from time to time to ensure that you have read and agree with the current policy, as it may be amended without notice. The date of our Terms and Conditions is set forth at the top of the document. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions for this Mobile Service. Your use of certain features of our Mobile Service may be subject to additional Terms and Conditions. By using these features, you also agree to be bound by such additional Terms and Conditions.
The Real American Doughnut Company Inc. may terminate, change, suspend or discontinue any aspect of the Mobile Service, including the availability of any features of the Mobile Service, at any time. The Real American Doughnut Company Inc. may also impose limits on certain features and services or restrict your access to parts or to the entire website without notice or liability. The Real American Doughnut Company Inc. may terminate the authorization, rights and license given herein.
THE REAL AMERICAN DOUGHNUT COMPANY INC. ONLINE SERVICES
The Real American Doughnut Company Inc. reserves the right, in its sole discretion, without limitations, conditions and/or qualifications, and without need of prior notification, to limit, change, modify or cancel any transaction, and/or to refuse any service to any customer for any reason attributable to the unavailability of the items ordered, or other circumstances and conditions beyond the control of The Real American Doughnut Company Inc. which would render impossible or delay the fulfillment of its obligations; Provided that such events shall not be caused by any negligence on the part of The Real American Doughnut Company Inc.. Notwithstanding the receipt of any order confirmation, whether via electronic mail, facsimile, phone call or otherwise, it is understood by you that the transaction of your order by The Real American Doughnut Company Inc. and receipt of the payment corresponding to the same, shall constitute the sole act of final acceptance by The Real American Doughnut Company Inc. of such order. Verification of any information may be required prior to the acceptance of any transaction.
The Real American Doughnut Company Inc. will not be liable for incorrect information and/or non-existent recipient during transaction.
If you wish to cancel activation and registration, you may email ogcard@krispykreme.com.ph.. The Real American Doughnut Company Inc. however, reserves the right to refuse cancellation of registration and refund of payment given that information has been processed. If you are not satisfied with our program, you may direct your concerns to the said contact details given below.
RESTRICTION OF LIABILITY
The Real American Doughnut Company Inc. will not be liable for damages of any kind or nature or injury whatsoever caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. The Real American Doughnut Company Inc. will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this mobile service, even if there is negligence or The Real American Doughnut Company Inc. or an authorized The Real American Doughnut Company Inc. representative has been advised of the possibility of such damages, or both. The Real American Doughnut Company Inc.'s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this mobile service, should any such liability be established.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to The Real American Doughnut Company Inc. through this mobile service (together, the "Submission") will forever be the property of The Real American Doughnut Company Inc. The Real American Doughnut Company Inc. will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future The Real American Doughnut Company Inc. operations. Without limitation, The Real American Doughnut Company Inc. will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, The Real American Doughnut Company Inc. will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this mobile service is provided voluntarily by a visitor to this mobile service. This information is for internal purposes only and is not sold or otherwise transferred to third parties of The Real American Doughnut Company Inc. or to other entities who are not involved in the operation of this mobile service. Information submitted via a number of areas in this mobile service, for instance, Customer Feedback, is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not The Real American Doughnut Company Inc. have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
JURISDICTION
Except as described otherwise, all materials in the The Real American Doughnut Company Inc. site are made available only to provide information about The Real American Doughnut Company Inc.. The Real American Doughnut Company Inc. controls and operates this site from its head office in Makati Metro Manila, Philippines and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the proper jurisdictions and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
We make no representations that the Content on our Mobile Service is appropriate or available for use in locations outside of the Philippines. Those who choose to access our Mobile Service from locations outside the Philippines do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.
DISCLAIMER
OUR MOBILE SERVICE AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR MOBILE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. YOU AGREE THAT YOUR USE OF OUR MOBILE SERVICE IS AT YOUR SOLE RISK. THE REAL AMERICAN DOUGHNUT COMPANY INC. AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE INTEND THAT THE CONTENT OF OUR MOBILE SERVICE BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY: (I) THAT USE OF OUR MOBILE SERVICE OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR MOBILE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR MOBILE SERVICE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH OUR MOBILE SERVICE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Real American Doughnut Company Inc. is an equal opportunity employer committed to a diverse workforce. The Real American Doughnut Company Inc. hire their own employees and establish their own Terms and Conditions of employment, which may differ from those described.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE REAL AMERICAN DOUGHNUT COMPANY INC., OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION ARISING FROM (I) YOUR USE OF OR INABILITY TO USE OUR MOBILE SERVICE, OR (II) CONTENT AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR MOBILE SERVICE.
The Real American Doughnut Company Inc. will not be liable for damages of any kind or nature or injury whatsoever caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. The Real American Doughnut Company Inc. will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this mobile service, even if there is negligence or The Real American Doughnut Company Inc. or an authorized The Real American Doughnut Company Inc. representative has been advised of the possibility of such damages, or both. The Real American Doughnut Company Inc.’ total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this mobile service, should any such liability be established.
TERMINATION
The Real American Doughnut Company Inc. or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all The Real American Doughnut Company Inc. sites, and (b) all related documentation and all copies and installations (together, the "Materials"). The Real American Doughnut Company Inc. may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
MISCELLANEOUS
This is the entire agreement between the parties relating to the use of this site. The Real American Doughnut Company Inc. can revise these Terms and Conditions at any time by updating this posting. The Real American Doughnut Company Inc. products and services are available in many parts of the world. However, the The Real American Doughnut Company Inc. site may describe products and services that are not available worldwide. This site may be linked to other sites that are not maintained by The Real American Doughnut Company Inc.. The Real American Doughnut Company Inc. is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by The Real American Doughnut Company Inc. of the sites.
UNAUTHORIZED USAGE OF TRADEMARK AND GOODS
All intellectual property, including but not limited to trademarks, service marks, trade names (collectively the "Marks") are in this site are proprietary to The Real American Doughnut Company Inc., its licensors or to other respective owners.
The Real American Doughnut Company Inc. has the right to terminate the membership validity and to escalate cease and desist to individuals using the marks of The Real American Doughnut Company Inc. in any manner and for whatever purpose, and offering or promoting goods that are confusingly similar to any product identified by the The Real American Doughnut Company Inc., Krispy Kreme, Krispy Kreme Philippines and its affiliate. This act, as evidenced by the exhibits above, constitutes trademark infringement and unfair competition under the Intellectual Property Code of the Philippines which prescribes civil and criminal penalties for such violations of the law.
OG CARD PERKS
- Free box of 6 Original Glazed® upon registration
- Free Box of 6 Original Glazed® Doughnuts for every Dozen Original Glazed® Doughnut
- Get one (1) Mixed Dozen and get free box of 6 Original Glazed® Doughnuts from Monday to Thursday
- Maximum of 4 per month, 2 per transaction from 6 per month, 3 per transaction
- Free upsize for any coffee from Monday to Thursday
- Free box of 3 Original Glazed® on birthday month
- Free dozen Original Glazed® for doughnut tower purchase on birthday month
- Free box of 6 Original Glazed® upon renewal
* Perks are subject to change without prior notice.
OG CARD POINTS
- OG Card and app users earn points every time they buy in Krispy Kreme.
- All transactions above P50 will earn points including promotions excluding bulk orders, customized orders and special orders worth P5,000 and above.
- OG Card and/or app should be presented in the Krispy Kreme store to avail and redeem the points.
- Applicable for in-store transactions only.
- Points will automatically refresh once an item is redeemed.
- Points are valid for 1- calendar year (January 1 to December 31).
- Transactions with zero amount are not eligible for points earning.
- Transactions below P50 are not eligible for points earning.
- Points will be round down to whole numbers and no decimal points.
- Senior citizen and PWD discount transactions are eligible for points earning.
- No purchase required for prize redemption.
- Item redemption depends on store availability.
- Points earning is available in all Krispy Kreme stores nationwide except for supermarket and selling sites.
- Item redemption is valid in participating Krispy Kreme stores nationwide except airport stores, supermarkets and temporary selling stores.
- Krispy Kreme merchandise will depend on store availability in select stores only.
- Points system is valid for OG Card / app users only. No OG Card, no points transaction.
- Points not used after expiration are automatically forfeited and cannot be redeemed anymore.
* Perks are subject to change without prior notice.
IMPORTANT REMINDER:
Without prejudice to criminal prosecution under Republic Act No. 8484, The Real American Doughnut Company Inc. has the sole right to cancel and/or reject a confirmed transaction if The Real American Doughnut Company Inc. finds any valid reason to believe that a transaction order has been purchased using fraudulent credit card.
CHARGES FOR THE MOBILE SERVICE
The Real American Doughnut Company Inc. does not charge you to use the Mobile Service; however, please check your wireless plan, because your carrier's per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and wireless connections needed for you to use the Mobile Service, and you are solely responsible for any costs you incur to access the Mobile Service. Use of the Mobile Service to send content to another person via e-mail, social media posting or SMS (Short Message Service, or "text messaging") may result in wireless charges to both the sender and the receiver.
RULES OF CONDUCT
By using our Mobile Service, Participant accepts the following rules of conduct:
Participant will not post to or transmit through our Mobile Service any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material; material that is fraudulent or contains false, deceptive, or misleading statements, claims, or representations; or any material that violates any law or regulation, or would give rise to civil or criminal liability.
Further, Participant shall not use our Mobile Service (a) in violation of any applicable law, regulation, or judicial order; (b) in a manner that violates the terms of these Terms and Conditions, the terms of any applicable agreement with The Real American Doughnut Company Inc., or any other The Real American Doughnut Company Inc. policy applicable through the Terms and Conditions; or (c) that interferes with or adversely affects the operation of this Mobile Service or the hardware, software, networks, systems, technology, and facilities upon and within which it operates (“Infrastructure”). Participants shall cooperate with The Real American Doughnut Company Inc. in investigating and correcting any apparent breach of these Terms and Conditions.
Participants shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute (“Participant Material”) or otherwise access or make available using the Mobile Service or Infrastructure.
In the event that The Real American Doughnut Company Inc. becomes aware of any such Participant Material or of any activity engaged in by Participant that may violate these Terms and Conditions and/or expose The Real American Doughnut Company Inc. to civil or criminal liability, The Real American Doughnut Company Inc. reserves the right to investigate such Participant Material, block access to such material and suspend or terminate any features of or Content on the Mobile Service without liability. The Real American Doughnut Company Inc. further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of these Terms and Conditions, including disclosing the identity of any Participant that The Real American Doughnut Company Inc. believes is responsible for such violation. The Real American Doughnut Company Inc. also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit in any way The Real American Doughnut Company Inc.'s rights and remedies at law or in equity that may otherwise be available.
PRIVACY
We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect regarding users of our Mobile Service is subject to our Privacy Policy, the full text of which is available in this mobile application also.
INDEMNIFICATION
You agree to defend, indemnify and hold The Real American Doughnut Company Inc., and its subsidiaries, partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of your agreements under these Terms and Conditions.
CONTACT INFORMATION
If you have questions or comments about these Terms and Conditions or our privacy practices, or if you wish to review or amend any personally identifiable information you have provided, you can contact us at:
THE REAL AMERICAN DOUGHNUT COMPANY INC.
Krispy Kreme Philippines
3rd Floor KDC Plaza, 2212 Chino Roces Ave.,
Brgy. Pio del Pilar, Makati City
Philippines
Attention: OG Card
Phone: (02) 784-9000
E-Mail: ogcard@krispykreme.com.ph
Privacy Policy
The Real American Doughnut Company Inc., known by its tradename “Krispy Kreme” (“Company,” “We,” “Us,” “Our”), is committed to protecting the privacy and security of all personal and/or sensitive information (the “Personal Data”) related to its employees, customers, business partners, suppliers, contractors, and other parties that the Company will and is engaged into. For this reason, uniform practice and procedure for collecting, recording, consolidating, updating, disclosing, storing, accessing, transferring, retaining, destructing and disposing of Personal Data by the Company is hereby adopted in order to process Personal Data fairly, appropriately, and lawfully.
This Privacy Policy sets out how the Company uses, protects and controls any Personal Data that you will provide in our loyalty microsite (the “Site”). The Company may change this policy from time to time by updating it in accordance with subsequent Laws and Implementing Rules and Regulations. The terms of this Privacy Policy apply to all users of this Site.
Collection of Personal Data
The Company collects Personal Data you voluntarily submitted in our Site, as well as non-personal information provided therein.
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User Registration and Using the Web-based Service We Provide: We collect information about you (i) when you register or activate your loyalty card in order to receive a product/service; (ii) when you subscribe to marketing emails; and (iii) when you contact us for inquiries, support or feedback. Information may include Personal Data such as but not limited to your first name, last name, email address, mobile number, birthdate, gender, address and password.
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Log information: When you visit our Site, we may also collect non-personal information such as but not limited to web page from which you came to our Site, your web page request, Internet Protocol (IP) address, geolocation, browser type, browser language, the date and time of your request and your registration data. Please be noted that when you purchase a product or use a web-based service in our Site, we may also log the specific path, actions, and navigation choices you make.
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Cookies: We may use cookies in analyzing and evaluating performance to provide you better experience when using our Site. Cookies are small files that a Site or its service provider transfers to your computer's hard drive through your web browser (you can disable this) that allows the Site's or service provider's systems to recognize your browser and capture and remember certain information.
Use of Personal Data
The Company uses your Personal Data for the following purposes, without limitation:
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a) to send periodic emails regarding your account or other products and services
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b) to administer a content, promotion, survey or other Site feature
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c) to effectively respond to your customer service requests and support needs.
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d) to deliver or improve our products and services
The Company may share the Personal Data gathered from you within Max’s Group of Companies and will use it consistent with the purpose of this Privacy Policy. We may also use the information in the aggregate to understand how our users as a group, use the services and resources provided on our Site.
Further Disclosure
We take reasonable precautions to be sure that nonaffiliated third parties and affiliates, to whom we disclose your personally identifiable information are aware of our Privacy Policy and will treat the information in a similarly responsible manner. Our contracts and written agreements with nonaffiliated third parties that receive information from us about you prohibit those parties from transferring the information other than to provide the service that you obtain from us.
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Agents and contractors: Our contractors sometimes have access to your personal information in the course of assisting in operating our business and providing products or services to you. These contractors may include vendors and suppliers that provide us with technology, services, and/or content for the operation and maintenance of our site. Access to your personal information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function. Contractors have an obligation under their contracts with us to keep your information confidential and to comply with our privacy and security policies.
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Disclosure for legal reasons: We may release personal information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a threat to security, a threat to our system or network, or cases in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, or illegal conduct.
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Changes in our corporate structure: If all or part of the Company is sold, merged or otherwise transferred to another entity, the personal information you have provided to us may be transferred as part of that transaction. We will take steps to ensure that, without your consent, any personal information that is transferred will not be used or shared in a manner inconsistent with this Privacy Policy.
Accuracy and Access
The Company will keep your Personal Data as accurate, complete and up-to- date as is necessary for the purpose for which it is processed. In case you need to access, correct, amend, delete inaccurate Personal Data, or withdraw your consent, please immediately inform us. (see Contact Us section below)
Security
The Company employs adequate organizational, physical and technical security measures such as password protection, encryption, firewalls and other controls, to ensure and preserve the confidentiality, integrity and availability of your Personal Data. Only authorized persons from the Company will have access to your Personal Data. Employees who misuse any information are subject to disciplinary action, including termination.
Third Party Links
The Company may offer links to sites that is run by third parties. If you visit other sites, you should read the site’s privacy policy, terms and conditions, and their other policies. The Company is not responsible for the policies and practices of third parties. Any information you give to those organizations is dealt with under their privacy statement, terms and conditions, and other policies.
Retention and Disposal
The Company will retain your Personal Data only as long as necessary for the fulfillment of the stated purposes. In case that the Site is no longer functional or decommissioned, all of your Personal Data in digital or hard copies will be disposed or erased according to the Company’s guidelines, where it is irretrievable, unreadable, or unidentifiable. In case you subscribed to email/SMS marketing, you will still receive email/SMS notifications. If you want to cancel your subscription, you may click the unsubscribe link at the bottom of any email message from the Company, or follow the SMS cancellation instructions.
Minors’ Privacy
The Company takes minors’ privacy seriously. If you are under 18 years of age, please do not submit any personal information through our websites without the express consent and participation of a parent or guardian. If you are a parent or guardian, please make every effort to guard your children's privacy.
Applicable Law and Rights
The Company upholds compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA), its Implementing Rules and Regulations, and other relevant policies, including issuances of the National Privacy Commission. The Company acknowledges your right to be informed, object processing, access and rectify, suspend or withdraw Personal Data, and be indemnified in case of damages pursuant to the provisions of DPA.
Changes to Privacy Policy
The Company reserves the right to amend this Privacy Policy at any time, consistent with applicable law. In such case, an updated version will be posted in our Site. If we are going to process your Personal Data in a manner different from that stated at the time of collection, we will notify you, and you will have a choice as to whether or not we can use your Personal Data in such a way.
Contact Us
For any inquiry regarding this Privacy Policy, please contact us at:
The Real American Doughnut Company Inc.
Krispy Kreme Philippines
3rd Floor KDC Plaza, 2212 Chino Roces Ave.,
Brgy. Pio del Pilar, Makati City
Philippines
Tel no: 784-9000
customercare@krispykreme.com.ph
Data Protection Office
Max’s Group, Inc.
3rd Floor KDC Plaza, 2212 Chino Roces Ave.,
Brgy. Pio del Pilar, Makati City
Philippines
dpo@maxsgroupinc.com
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