Terms and Conditions of the "Promo 5€ in Mobile Recharge"

1.Identification from the organizing company.

The “PROMO 5€ IN MOBILE RECHARGE” Promotion is organized and executed by the commercial entity “GELT CASH TRANSFER, S.L.U.”, with tax residence at Pajaritos, 24, 28007, Madrid (Spain) and holder of NIF nº B-88506191 (hereinafter, “SENDITY” or the “Organizer”). 

2. Purpose of the Promotion.

The purpose of this promotion, entitled "PROMO 5€ IN MOBILE RECHARGE" (hereinafter, the "Promotion") is to publicize the platform for remittances and mobile top-ups Sendity (hereinafter, the "Platform") among potential new users. Participation in the Promotion is free of charge, and will be rewarded with the automatic delivery of 5 euros to be discounted at the time of payment for the use of mobile recharges through the Platform, under the conditions detailed below. The Promotion is only available to users who have made at least one money transfer with Sendity and have not tried the mobile recharge service. It is limited to one (1) use only per user and is not cumulative with other promotions, offers or discounts, so if the user makes his first top up with Sendity applying another promotion or discount he automatically loses the title of new customer for top ups and will not be eligible for the "Promotion".

3. Scope.

3.1 Temporary: The start date of the Promotion will be 11/17/2023 at 00:01 and will end on 12/31/2024. The Organizer, however, reserves the right to postpone or extend the period of participation in the promotion in case of force majeure.

3.2 Territorial: The territorial scope of the Promotion is the entire territory of the European Union in addition to the following Latin American countries: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru, Uruguay, Jamaica, Haiti and Venezuela

4. Rules and conditions to participate.

4.1 They may participate in this Promotion

1.  Those individuals over eighteen (18) years old, at the beginning of the Promotion and registered in SENDITY-.
2. New users of the recharge service who have previously made at least one remittance in Sendity. For clarity purposes: 
   1. A new top-up user is considered to be a user who as of 11/17/2023 has not made any mobile top-up through the platform.
   2. The user must have made prior to 11/17/2023 at least one remittance through the Sendity platform at the time of accessing the discount.
3. Participants expressly agree to guarantee the accuracy and veracity of their personal data.
4. Participants must expressly accept the legal bases of this Promotion. 

4.2 The following will not be able to participate in the Promotion:

1. Those under eighteen (18) years of age at the time the Promotion begins or enters into force.
2. Employees or relatives up to the second degree of consanguinity of the Organizer or investee companies, advertising agencies involved in the Promotion, suppliers that may be related to the Promotion, as well as any person who may be directly or indirectly related to the Promotion. Organizer or involved in carrying out this Promotion.
3. Those users who have more than one profile in Sendity, that is, users who have several accounts under the same ownership but with different emails or mobile phones.
4. If other promotions, offers or discounts have been applied to your first recharge or transfer of money on the Platform.
5. If the transaction is not carried out based on the minimums established in the object of this promotion, that is, if the user tries to recharge an amount of less than 10 euros, the user will not be able to receive the gift.

5. Terms and Conditions of participation in the Promotion.

1. To qualify for the Gift, participants who have complied with the rules and conditions set forth in the previous section must:
   1. Choose one of the available operators to make a phone recharge. 
   2. Add the exclusive code received by email after making the first remittance on Sendity. This discount will automatically provide a 5€ discount on the amount to be paid. In the case of a top up of less than 10 euros the user will not be able to apply the discount.
2.  Participants may not infringe the regulations that may be applicable in the development of this Promotion, nor perform acts or omissions that affect or infringe the rights of third parties.
3. Comply with the mechanics of the Promotion in the manner described in the following clauses, complying with the requirements established in these legal bases. 

6. Delivery of the gift.

All persons who execute the telephone recharge under the conditions mentioned in the previous section, will be eligible for the automatic delivery of the gift.  

The participant will have only one use for the code received in this Promotion and it will be valid from the date of receipt of the promotional code until the use of the same or the end of the promotion. 

Any attempt by a participant to misuse this Promotion by using multiple/different identities, registrations, entries, and/or any other method will void and disqualify the customer from receiving the Promotion without notice.

Sendity reserves the right to modify or cancel the promotion at any time without prior notice, as well as the right to invalidate the code in case of misuse or fraudulent use.

The company is not responsible for errors in the introduction of the promotional code by the user.

The use of the code implies full and unconditional acceptance of these legal bases.

7. Sanctions in case of fraudulent use.

Compliance with these legal bases and/or the terms and conditions of the Platform by the participants in the Promotion may be verified through the technical tools available to SENDITY, which reserves the right to carry out any verification it deems necessary. 

In the same way, any false statement, fraud, indications of false identity or address or infringement of the rights of third parties, will cause the immediate disqualification of the participant. In addition, it may entail, where appropriate, the return of the Gift if it had already been obtained. Participants will not implement any participation method that violates these legal bases.

 We will understand as fraud the use of independent platforms or applications to obtain more participation in the Promotion, as well as behaviors that we detect as apparently abusive and/or malicious.

The verification of any of these practices will mean the disqualification of the participants of the Promotion that we consider to have arrived through unauthorized channels.

SENDITY reserves the right to take legal action against those who carry out any type of act that could be considered manipulation or falsification of the Promotion.

SENDITY is exempt from any liability for damages that may be due to the temporary lack of availability or continuity of operation of the Platform through which you participate in the Promotion and the defrauding of the utility that users may have attributed to it. 

Likewise, SENDITY will be entitled at all times to withdraw or disqualify participants who (i) do not comply with the Promotion rules, (ii) go against good practices and customs or (iii) manipulate or attempt to manipulate the Promotion; (iv) violate any of the conditions of these legal bases or the terms and conditions of the Platform and/or (v) abuse, threaten or harass any participant or third party.

SENDITY may adopt the necessary decisions for the resolution of those controversies and conflicts that arise in the development of the Promotion, provided that they do not unduly harm the participants and are equitable.

8. Intellectual and industrial property rights.

All participants in the Promotion guarantee to be the holders of all rights, both intellectual and industrial property, of the comments and publications made within the framework of the Promotion, if applicable. SENDITY will not be responsible for any breach of any rule, or any infringement of the rights of third parties carried out by the participants within the framework of the Promotion, assuming these obligations to keep SENDITY indemnified in the event of a claim by said third parties.

The participants assign to SENDITY, exclusively and free of charge, universal territorial scope, for the maximum period permitted by law and with the power to assign to third parties, all intellectual property rights over the content and comments published within the framework of this Promotion, for its exploitation in any medium or by any means, including, in particular but without limitation, for the improvement of the Platform, responding to the participants of the peaceful enjoyment and enjoyment of said rights.

In particular and without limitation, the participants assign to SENDITY, with the characteristics and limits exposed and with the power of assignment to third parties, the rights of reproduction, fixation, distribution, public communication and transformation of the contents and comments published in the framework of this Promotion, if applicable.

The assignments made in this section are made free of charge, without giving rise to any consideration. Consequently, participants in the Promotion may not demand any compensation or oppose its use, except by expressly waiving their participation in the Promotion in writing.

9. Reservations and limitations.

SENDITY is exonerated from all responsibility in the event of a malfunction of the electronic communication networks that prevent the normal development of the Promotion for reasons beyond their control and especially due to external acts of bad faith. Nor will it be responsible for transmission problems or loss of data not attributable to SENDITY.

Any abusive or fraudulent use by the participants will give rise, as established in section 7 of these legal bases, to the consequent disqualification of the participant in the Promotion. If the improper use of the Platform (with or without the intention of fraud) causes its malfunction, SENDITY will be exonerated from all responsibility, and may cancel the Promotion.

In the same way, it will be understood, by way of example, but not limitation, that abuse or fraud occurs when a participant sends a remittance using a false identity or identities of third parties without their consent.

SENDITY is not responsible for possible losses, deterioration, delays or any other circumstance attributable to third parties that could affect participation in this Promotion.

SENDITY is exempt from any responsibility in the event of an error in the data provided by the participants themselves that prevented their identification or the delivery of the Gift.

SENDITY reserves the right to make changes that result in the good end of the Promotion when there is just cause or reasons of force majeure that prevent its completion in the manner in which these legal bases are included.

SENDITY reserves the right to make changes or add successive annexes on the mechanics and incentives of this Promotion as long as they are justified or do not affect the participants, and they are duly communicated.

In the event that this Promotion could not be carried out, either due to detected fraud, technical errors, or any other reason that is not under the control of SENDITY, and that affects the normal development of the same, SENDITY reserves the right to cancel, modify , or suspend it, without the participants being able to demand any responsibility from SENDITY.

SENDITY is exempt from any liability in the following cases:
 

1. In the event that the data of the participants is incomplete or incorrect. 

Participants are recommended, before providing any data on the Platform, to carefully read its terms and conditions.

SENDITY is not responsible for possible loss of data due to email problems or crashes, if applicable, of the Platform, nor for any malfunction or temporary suspension of electronic communication networks that prevent the normal development of the Promotion.

2. For reasons not attributable to SENDITY.

SENDITY is not responsible for the impossibility of contacting the participant, nor for the impossibility of delivering the Gift because the personal data provided by the participant is incorrect or incomplete.

SENDITY is not responsible for possible losses, deterioration, theft, delays or any other circumstance that is not attributable to it, nor will it be liable for cases of force majeure (such as strikes, riots, wars, rebellions, insurrections, acts of terrorism, pandemics , epidemics, earthquakes, floods, equipment explosion, among others) that could prevent the participant from fully or partially enjoying their Gift, being exonerated from all liability in any of the aforementioned cases or any other similar.

3. For the contents:
Each participant will be responsible for the content and information they publish at the time of evaluating the Platform.
More specifically, the participants of the Promotion, at the time of evaluating the Platform: 

1. They acknowledge that they have the right to freely transmit the information provided.
2. They acknowledge that the information transmitted by them does not infringe any intellectual or industrial property right, commercial, business or professional secret, confidentiality contractual clause, right to data protection or the information society, or any other right of third parties.
3. They acknowledge that the information transmitted is not confidential and that they do not affect third parties.
4. They acknowledge assuming full responsibility, holding the Organizer unscathed for any information they provide personally, reaching said responsibility, without any restriction, to the accuracy, legality, authenticity and ownership thereof. 

Given the previous commitments and guarantees, the Organizer will not be responsible for the information and data that the participant may disseminate and publish. 

10. Cancellation, modification or suspension of the Promotion.

SENDITY reserves the right to modify the conditions of the Promotion at any time, including suspending or canceling it before the predetermined term, as long as there is just cause, committing to communicate the new legal bases, conditions of the Promotion or the definitive cancellation, in its case, with sufficient notice and publicity.

Likewise, SENDITY reserves the right to postpone or extend the term of the Promotion, as well as the power to interpret these legal bases.

Any suspension, postponement, cancellation or modification of the Promotion will be communicated through the newsletter and/or by email.

In any case, if it is detected that any participant has committed fraud, SENDITY reserves the right to exclude him or not to deliver the Gift that has corresponded to him. Likewise, SENDITY reserves the right to eliminate from the Promotion any participating user suspected of irregular behavior, without the need for any notification. SENDITY intends that all participants participate in the Promotion on equal terms and with strict respect for the laws, morals, public order or generally accepted social norms.

11. Protection of personal data.

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (hereinafter, "GDPR"), as well as in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (hereinafter, "LOPDGDD"), for data processing specific personal data that will be carried out by SENDITY, it is necessary for the participant to give their active, free and informed consent regarding the processing of their personal data.

This processing of personal data, independent of the processing that SENDITY normally carries out (and which can be consulted in its Privacy Policy), is specific to the participants of the Promotion who accept it.

Responsible party: The person responsible for the processing of personal data is the commercial entity GELT CASH TRANSFER, S.L.U., with NIF number B-88506191 and with registered office at Calle Pajaritos, 24, 28007, Madrid (Spain), registered in the Mercantile Registry. de Madrid, on Page M-706244, Volume 39747 and Folio 128. Its e-mail address is hola@sendity.com.

You can also consult SENDITY's Data Protection Officer (DPO), who is responsible for ensuring that the rights and freedoms of data subjects are not negatively affected by data processing operations, for an opinion on the operations of data processing, whether it concerns you or that you carry out. His email: dpd@gelt.com.

Purposes: Participation in the “PROMO 5€ IN MOBILE RECHARGE” Promotion, deliver the Gift to the participants and analyze the use and impact of SENDITY services on its users.

Data collected: 

1. Customer's name and surname; postal address; telephone number, e-mail address; card number used to pay for the transaction. 
2. Telephone number to which the recharge is sent.

Legitimation: The legal basis for the processing of your personal data is the consent of the interested party and compliance with the legal bases of the Promotion.

Recipients. SENDITY will not transfer your data to third parties, except for compliance with legal obligations to which we are bound (Public Administrations, financial entities, insurers).

Data retention: The data collected and provided will be kept for the minimum time necessary for the purposes authorized for participation in the Promotion. Once the necessary treatment for the referred actions has been completed, the data will be blocked in the SENDITY databases and will be deleted when the established legal deadlines elapse.

Rights and possibility of claim: At any time, you can exercise your rights of access, rectification, deletion and opposition, portability and limitation of treatment, included in the GDPR and the LOPDGDD, by sending your request by email to dpd@geltapp.com .

If you consider that the treatment does not comply with current data protection regulations, you have the right to file a claim with the control authority (Spanish Agency for Data Protection) at www.aepd.es, although it is SENDITY's commitment to guarantee the privacy and data security and internally resolve any issues related to them.

In addition, the participant has the possibility and the right to withdraw the consent for any specific purpose granted at the time, without affecting the legality of the treatment based on the consent prior to its withdrawal. You can consult SENDITY's Privacy Policy on the web:  https://www.sendity.com/en/privacy-policy

12. Various.

If a Court or competent administrative body determines that any of the legal bases is invalid, illegal, null or voidable, it will be eliminated from this document, without affecting the rest of the sections contained therein. The remaining sections will appear in force in all their terms, to the extent possible.

The participant may at any time update or modify the information provided when there are errors in the content delivered to SENDITY, or when the information or data have changed since they were initially provided.

13. Applicable law, jurisdiction.

This Promotion is governed by current Spanish legislation.

Participation in this Promotion implies knowledge and acceptance of these legal bases.

The knowledge and resolution of any disputes, discrepancies, controversies or differences that may arise in relation to the interpretation, content or resolution of these legal bases, will be submitted to the jurisdiction and competence of the Courts and Tribunals corresponding to the city of domicile of the participant, as a consumer.

14. Acceptance of the legal bases.

Participation in the Promotion implies acceptance of these legal bases. Any manifestation of non-acceptance of all or part of the legal bases implies the exclusion of the participant and, as a consequence, SENDITY will be released from compliance with the obligation contracted with this participant.

In Madrid, on November 17, 2023