EKO Smile

The present document sets forth the terms and conditions for using and interacting with the EKO Smile Programme, a long-term, multi-feature, promotional initiative organised by EKO Bulgaria EAD and addressed at the company’s customers, offering them an array of benefits upon purchasing EKO’s products and services. The EKO Smile Programme is organised and available in Bulgaria.

If words that start with a capital letter are used in this document, that means the word has been defined in this ‘Definitions & Interpretation’ Section.

‘Customer Service Centre’ means a service (essentially a group of employees at a third party- service supplier company, who handle phone calls related to the EKO Smile Programme) that EKO makes available to its customers so that they can contact EKO via phone or e-mail in order to require and receive any information and assistance regarding the EKO Smile Programme.  The contact details of the Customer Service Centre are set out at the end of these Terms and Conditions; 

‘EKO’ is EKO BULGARIA EAD, with its registration with the Commercial Register and Register of Non-for-Profit Entities under UIC 130948987, registered address: 3 Lachezar Stanchev Str., Litex Tower Complex, fl. 9, 1756 Sofia, Bulgaria, tel.: +359 (0) 2 4485500, fax №: +359 (0) 2 4485585; e-mail: office@eko.bg; webpage: www.eko.bg; 

‘EKO Smile Account’ is a digital record containing a customer’s personal information, purchase history and activity within the EKO Smile Programme. It is essentially each particular customer’s profile in the EKO Smile Programme through which the customer can earn and redeem points as specified herein below, track their progress in collecting points and rewards, and receive personalised offers and promotions; 

‘EKO Smile App’ is the mobile application for accessing the EKO Smile Programme; 

‘EKO Smile Cookies Policy’ means a policy published on the EKO Smile Website which provides information about the cookies used by the EKO Smile Website;

‘EKO Smile Coupon’ or ‘Coupon’ means either a digital or a paper-printed code (typically consisting of letters and/or numerals) that entitles its holder to receive certain benefit within the EKO Smile Programme. The EKO Smile Coupon contains an expiration date, that will be displayed on the Coupon. Following the expiration date its owner will lose their entitlement to the benefit incorporated in the Coupon. 

‘EKO Smile Games/Competitions/Auctions’ are marketing initiatives (e.g. award games, instant win spinning wheels, etc.) that are organised by EKO and offered to EKO Smile Members so that they can obtain certain benefits (e.g. win a prize, or obtain more EKO Smile Loyalty Points) within the framework of the applicable Bulgarian legislation. EKO Smile Members may either participate in such initiatives free of charge or on the condition of purchasing a particular product. Participation in such initiatives can also be offered to EKO Smile Members in exchange for EKO Smile Loyalty Points as specified in detail in the present Terms and Conditions. Each Game/Competition/Auction is subject to its own specific terms and conditions that will be published on the EKO Smile Website; 

‘EKO Smile Loyalty Card’ means either a (i) physical (plastic) card that is provided to EKO customers upon request at EKO petrol stations, or a (ii) digital card - a software feature that appears in the form of a QR code in the EKO Smile App once a particular EKO Smile Member has set up their EKO Smile Account. The EKO Smile Loyalty Card (either physical or digital) serves as an identifier of its owner (an EKO Smile Member) upon his interaction with the EKO Smile Programme so that the card owner can enjoy the features and benefits of the EKO Smile Programme;

‘EKO Smile Loyalty Kiosk’ means temporary, small open-fronted huts equipped with a smart device (tablet), that will be installed at the EKO petrol stations and where consumers will be able to register for the EKO Smile Programme (without having the possibility to access their personal EKO Smile Accounts);

‘EKO Smile Loyalty Points’ means digital information units that are assigned to EKO Smile Accounts and signify benefits (e.g. discounts and participation in promotional activities) that the owner of the particular EKO Smile Account is entitled to receive as a result of their purchases at EKO petrol stations or participation in promotional activities, and which may from time to time also entitle the EKO Smile Members to participate in further promotional activities and initiatives. EKO Smile Loyalty Points have no monetary value, cannot be exchanged for money and are valid for at least two (2) years from the date they are earned;  

‘EKO Smile Member/s’ means an EKO customer, who has registered in the EKO Smile Programme by setting up an EKO Smile Account in accordance with the present Terms and Conditions;

‘EKO Smile Member ID’ or ‘Member ID’ means the unique number that is assigned to an EKO Smile Member once he successfully sets up his EKO Smile Account, and that serves as the virtual identifier of the EKO Smile Member;

‘EKO Smile Member Portal’, also referred to as the “EKO Smile Website”, is the official website for accessing the EKO Smile Programme via web or mobile browser, and namely: www.ekosmile.bg. It contains information and documents related to the functioning and the use of the EKO Smile Programme so that any person can get properly acquainted therewith;

‘EKO Smile Partners’ means legal entities that are commercial partners to EKO and who support the EKO Smile Programme from time to time, by presenting EKO Smile Members with special offers concerning the products and/or services of such partners;

‘EKO Smile Premium Member’ means an EKO Smile Member who is entitled to certain enhanced benefits of the EKO Smile Programme because he has complied with the qualification criteria in accordance with Section VII hereof, as may be amended from time to time, and ‘Premium Membership’ means each period during which an EKO Smile Member is an EKO Smile Premium Member; 

‘EKO Smile Privacy Policy’ means the policy relating to privacy and security of customer data processed for the purposes of the EKO Smile Programme, as published on the EKO Smile Website.

‘EKO Smile Programme’ or the ‘Programme’ is the promotional initiative that is subject to the present EKO Smile Member Terms and Conditions. The EKO Smile Programme is organised by EKO and addressed at those customers of EKO’s products and services that comply with the conditions set forth herein below, offering them the opportunity to enjoy an array of benefits in accordance with these Terms and Conditions;

‘EKO Smile Programme General Terms and Conditions’ also referred to as the ‘Terms and Conditions’ means the present Terms and Conditions;

“EKO Smile Promotions” are offers made by EKO or EKO Smile Partners where EKO Smile Members can obtain discounts and promotional prices or EKO Smile Loyalty Points (e.g. a customer might be able to obtain extra EKO Smile Loyalty Points on the occasion of their birthday). These promotions will be organised by EKO from time to time within the framework of the EKO Smile Programme and will be time-limited. The EKO Smile Promotions may also target only certain member profiles (for example EKO Smile Premium Members or members having a birthday during the respective week/month). The EKO Smile Promotions will be subject to separate terms and conditions that will be published on the EKO Smile Website;

‘Points Redemption’ or ‘redemption’ are used in relation to the process of EKO Smile Members exchanging EKO Smile Loyalty Points for Rewards, for example discounts on non-fuel retail products (NFR), discounts on products offered by EKO Smile Partners or in return for the right to participate in EKO’s promotional initiatives. Points Redemptions are possible through a POS   at EKO’s petrol stations, through the EKO Smile App or online, through the EKO Smile Member Portal in accordance with these Terms and Conditions and the terms of a particular promotion;

‘POS’ means a cash desk at EKO petrol stations’ checkout;

“Registration Form” means the applicable registration form that EKO customers have to fill out in order to enrol in the EKO Smile Programme and create their personal EKO Smile Account; 

‘Rewards’ means the actual benefits obtained by EKO Smile Members in the process of Points Redemption;

‘Smile Points Balance’ means the total number of EKO Smile Loyalty Points that are assigned to an EKO Smile Account, and that the respective EKO Smile Member is able to redeem pursuant to the present Terms and Conditions; 

‘Transaction’ means any purchase (either physical or digital) that ends with a payment . 

All definitions form an integral part of the EKO Smile Member Terms and Conditions.  

1. The EKO Smile Programme is a membership programme organised by EKO, designed to allow the participating EKO customers (EKO Smile Members) enjoy certain benefits in exchange for collected EKO Smile Loyalty Points, namely:

- to receive fuel discounts;

- to purchase non-fuel related products and services (EKO’s and EKO Smile Partners’) at a reduced price; 

- to participate in EKO Smile Games/Competitions/Auctions; 

- to participate in EKO Smile Promotions;

- to participate in EKO Smile Partners’ offers and promotions; 

- to receive personalized offers by EKO. 

2. Any individual (physical person) that is at least 18 years old and has a Bulgarian mobile phone number, is allowed to participate in the EKO Smile Programme. 

3. Participation in the EKO Smile Programme is free of charge and requires the customers to enrol by completing a Registration Form and setting up their own personal EKO Smile Account, thus becoming EKO Smile Members. 

4. Having set up an EKO Smile Account, EKO Smile Members will need to identify as such every time they interact with the EKO Smile Programme in order to use its features and benefits. Each EKO Smile Member must identify themselves by their plastic or digital EKO Smile Loyalty Card, regardless of whether EKO’s cashier has explicitly requested their card. EKO’s cashier is not obliged to demand the Card and EKO will not be liable if cashiers do not request the card. It is an obligation of the EKO Smile Member to present the card.  

5. (1) Upon successfully setting up an EKO Smile Account, a digital EKO Smile Loyalty Card is automatically assigned to the account of the EKO Smile Member. 

(2) The digital card is only available for the EKO Smile Member to see and use through the EKO Smile App. Due to that EKO Smile Members are encouraged to download the EKO Smile App on their mobile devices. 

(3) The digital card is represented as a QR code in the EKO Smile App of the customer (when he logs in the EKO Smile App).

(4) The digital card serves as one of the possible identifiers for EKO Smile Members when they interact with the EKO Smile Programme at EKO petrol stations (the EKO Smile Member has to show it to the cashier).

6. In addition to the digital EKO Smile Loyalty Card, a customer may also obtain a physical (plastic) EKO Smile Loyalty Card. 

(1) The customers can obtain physical EKO Smile Loyalty Cards at any EKO petrol station. The customer has to request it at the checkout and the cashier will provide it (if at that moment there is available stock of plastic cards in the respective petrol station). 

(2) If physical cards are not available in the EKO petrol station at a given moment, the cashier will invite the customer to either use his digital card (if the customer is already an EKO Smile Member) or to enrol in the EKO Smile Programme. 

(3) Each plastic EKO Smile Loyalty Card has a unique barcode number printed on it. The plastic cards do not contain any personal data or any other identifier of its owner, but nevertheless they can be linked to the EKO Smile Accounts (see Clause 18 below)

(4) For the avoidance of doubt, neither customers wishing to enrol in the EKO Smile Programme nor EKO Smile Members, are required to obtain physical EKO Smile Loyalty Cards in order to be enrolled in the EKO Smile Programme or enjoy its benefits. Obtaining a physical card is entirely optional. The physical card serves only as one of the possible identifiers of an EKO Smile Member. 

(5) EKO Smile Members are encouraged to keep information about their Member ID, namely either keep their plastic EKO Smile Loyalty Card or the number of their digital EKO Smile Loyalty Card, at any time, including after the closing of their EKO Smile Account and the deletion of their personal data pursuant to Section XII below. EKO Smile Members need to keep such information so that they could identify themselves as such following the deletion of their personal data and the anonymisation of their EKO Smile Account (for more information please refer to Section XII below and the EKO Smile Privacy Policy). 

7. Customers can simultaneously use a digital and a physical EKO Smile Loyalty Card to interact with the EKO Smile Programme. By means of example, a customer who has already enrolled in the EKO Smile Programme and thereby automatically obtained a digital card, can also obtain a physical card when he visits one of EKO petrol stations. However, customers should remember that only one digital and one physical card can be assigned to the same EKO Smile Account.

8. Physical and digital EKO Smile Loyalty Cards generally entitle their owners to the same benefits. However, it is possible that some of EKO’s initiatives (e.g. EKO Smile Games/Competitions/Auctions or EKO Smile Promotions) can only be available for one of the two types of EKO Smile Loyalty Cards. Such initiatives will be subject to separate terms and conditions that will be available on the EKO Smile Website and will specify for which of the types of EKO Smile Loyalty Cards the particular initiative is valid. 

9. To create his personal EKO Smile Account, a customer has to fill out the applicable Registration Form. The Registration Form is available only in an electronic format. Filling out a paper Registration Form (e.g. lodging a printed version of the Registration Form) is not acceptable. 

10. (1) The client has the following options to access the Registration Form:

i. by downloading the EKO Smile App on their mobile devices;

ii. by accessing the EKO Smile Website;

iii. on-the-spot at any of the EKO Smile Loyalty Kiosks installed at EKO petrol stations (however, customers should be conscious that EKO Smile Loyalty Kiosks might not be available at all EKO petrol stations).  

(2) Customers cannot be registered at the POS by the cashier at EKO petrol stations. 

(3) In order to get acquainted with the EKO Smile Programme, customers may visit the EKO Smile Website or - upon downloading the EKO Smile App - visit and explore the EKO Smile Programme as ‘guests’.

11. The filling out of the Registration Form entails the following steps:

i. Providing mandatory and non-mandatory information about the customer;

ii. Confirming that the customer has read and agrees with the present EKO Smile Member Terms and Conditions;

iii. Confirming that the customer has read the EKO Smile Privacy Policy and the EKO Smile Cookies Policy;

iv. Providing and validating the customer’s Bulgarian mobile number (foreign mobile numbers cannot participate in the EKO Smile Programme); 

v. Providing and validating the customer’s e-mail address (to serve as login username in the EKO Smile App and EKO Smile Member Portal);

vi. Devising a password (to use when accessing the EKO Smile Account). 

12. (1) Upon filling out the Registration Form, the customers must provide the following mandatory information therein:

i. salutation;

ii. customer’s name and surname; 

iii. mobile phone number; 

iv. e-mail address;

v. birthdate;

vi. place (e.g. city, town or village) of residence;

vii. confirmation that they accept the present Terms and Conditions (by clicking in the appropriate box upon registering in the EKO Smile Website/by sliding on their smart device screen upon registering through the EKO Smile App);

viii. confirmation that they have read the EKO Smile Privacy Policy and the EKO Smile Cookies Policy (by clicking in the appropriate box upon registering in the EKO Smile Website/by sliding on their smart device screen upon registering through the EKO Smile App).

(2) The customers will be invited to provide some non-mandatory information as well, namely:

i. their EKONOMY Card Number (in case they are using EKO’s EKONOMY card. For further information on the EKONOMY Card please visit www.eko.bg);

ii. their referring friend’s mobile phone number (e.g. if a friend of the customer is already an EKO Smile Member and he has referred the customer to the EKO Smile Programme as specified under Section X of the present Terms and Conditions); 

iii. the number of their plastic EKO Smile Loyalty Card (in case they have already obtained one from EKO petrol stations, before having enrolled in the EKO Smile Programme); 

iv. their consent to receive marketing information (which is entirely optional and is not a pre-condition for enrolling for the EKO Smile Programme);

v. additional data that EKO will use to enhance the membership benefits that EKO offers to the EKO Smile Members. 

(3) EKO may offer incentives from time to time to encourage customers to share more relevant information about themselves that helps EKO to provide a more personalised service. Such initiatives will be subject to separate terms and conditions that will be available on the EKO Smile Website.

(4) By providing their EKONOMY Card number, the customer agrees to link their previous purchase behaviour (as EKONOMY Card user) to their EKO Smile Member Account. 

(5) Customers should be conscious that EKO’s EKONOMY Cards will cease working on October 1, 2023 (for further information on the EKONOMY Card please visit www.eko.bg). 

13. The mobile phone number that a customer will provide, has to be unique for the registration. That means that a particular mobile phone number can be used for one registration with the EKO Smile Programme.  The same mobile phone number cannot be used for any further registrations, either by the same customer or by another one, until the EKO Smile Account associated with the mobile phone number is closed, and the personal data are anonymized or deleted in accordance with the EKO Smile Privacy Policy. The EKO Smile Programme will automatically reject any mobile phone number that has already been entered for an active registration. 

14. (1) The customer’s mobile phone number then has to be validated. Upon inserting his mobile phone number in the Registration Form, the customer will immediately receive an SMS message containing a ‘one-time’ six-digit code, that the customer will have to insert in the appropriate field in the Registration Form (‘Phone number verification’ Section in the Registration Form) thus validating the mobile phone number.

(2) The one-time code will remain valid for 15 (fifteen) minutes as of the sending. The ‘Phone number verification’ Section in the Registration Form (in the EKO Smile App, the EKO Smile Website and as displayed at the EKO Smile Loyalty Kiosks) contains a ‘Resend the code’ feature (in red letters) that the customer can use (by clicking on it) in case they fail to immediately receive a SMS message containing the six-digit one-time code.

(3) A customer is entitled to request a maximum of 5 (five) one-time codes per day. If a customer makes more than five attempts to register in the EKO Smile Programme within one day thus requesting more than five one-time codes, the system automatically blocks this option and the customer cannot request another one-time code in the next 24 (twenty four) hours as of the blocking. 

(4) If the customer does not validate their mobile phone number during the enrolment process, their EKO Smile Account will not be created. Instead, the information that the customer has inserted will be deleted. 

15. The next step of the enrolment process is the customer accepting the present Terms and Conditions and confirming that the customer has read the EKO Smile Privacy Policy and the EKO Smile Cookies Policy, by clicking on the appropriate boxes in the Registration Form. 

16. (1) The customer then has to provide and validate an e-mail address that will be used as their login username in the EKO Smile Member Portal. 

(2) The e-mail address must be unique to the registration. The same e-mail address cannot be used for more than one registration either by the same customer or by another one, until the EKO Smile Account associated with the e-mail address is closed, and the personal data are anonymized or deleted in accordance with the EKO Smile Privacy Policy. 

(3) The e-mail has to be validated by the customer by clicking on a link in an e-mail verification message that the customer will receive upon completing the Registration Form. 

(4) The newly registered EKO Smile Member has to validate their e-mail within 6 (six) months as of the date of registration (completion of the EKO Smile Account) at the latest. For the entire duration of the 6–month period under the preceding sentence, the EKO Smile Member will be entitled to all the benefits and features of the EKO Smile Programme with no limitations whatsoever. 

(5) If the EKO Smile Member fails to validate their e-mail address within the 6-month period under the preceding Item (4), their EKO Smile Account will be closed immediately following the expiry of the six-month term and their EKO Smile Loyalty Card (either on paper or digital) will cease to function. All assigned benefits during the 6-month term (EKO Smile Loyalty Points, Coupons, etc.) will automatically expire. From time to time within the 6-month period, EKO may send SMS messages or e-mail reminders to the EKO Smile Members to validate their e-mail addresses. 

(6) In the cases under the preceding para. (5) the customer can enrol in the EKO Smile Programme anew by setting up a new EKO Smile Account. 

17. The customer must also devise a password that they will use in order to access their EKO Smile Account.

18. Physical (plastic) EKO Smile Loyalty Cards have to be registered in a particular EKO Smile Account in order to serve as a valid identifier of the customer as an EKO Smile Member. If the plastic cards are not registered in an existing EKO Smile Account, they will only entitle their holders to certain limited benefits from the EKO Smile Programme and only for a limited period of time, after which they will be deactivated (see Section V below). 

19. Customers can register their plastic EKO Smile Loyalty Cards when they first set up their EKO Smile Account, by specifying the unique number of the plastic card in the Registration Form (pls. see Section III above). 

20. Alternatively, EKO Smile Members who have already set up their EKO Smile Account, can subsequently provide the number of their plastic EKO Smile Loyalty Card, by editing their EKO Smile Account (by logging in with their e-mail and password). 

21. Once registered, a plastic card is automatically assigned to the EKO Smile Account of its owner.

22. If a registered plastic EKO Smile Loyalty Card gets broken, lost or stolen, the EKO Smile Member who owns it, can deactivate it. To do so, the EKO Smile Member has to contact the Customer Service Centre via phone or e-mail, and identify himself. For identification, the EKO Smile Member will be requested to provide some of the data from their Registration Form, for example their name, mobile phone number or their date of birth. 

23. Once the broken/lost/stolen EKO Smile Loyalty Card is deactivated, the EKO Smile Member is at liberty to register a new plastic EKO Smile Loyalty Card in his EKO Smile Account as specified hereinabove. 

24. Customers are encouraged to register their plastic EKO Smile Loyalty Cards in a particular EKO Smile Account as soon as possible after obtaining them. 

25. Any plastic EKO Smile Loyalty Card that has not been registered in a particular EKO Smile Account within a term of 6 (six) months as of the first transaction made with it, will be deactivated and any EKO Smile Loyalty Points assigned to that card will be lost. 

26. Within the six-month period under the preceding Clause 25, the owner of an unregistered plastic EKO Smile Loyalty Card may only collect EKO Smile Loyalty Points. The EKO Smile Loyalty Points collected by an unregistered EKO Smile Loyalty Card are linked to the anonymous account of the holder, associated with the number of their EKO Smile Loyalty Card. 

27. Within the six-month period under Clause 25, the owner of an unregistered plastic EKO Smile Loyalty Card may not:

(i) obtain discounts in respect of fuel/non-fuel products purchased, and as provided for the EKO Smile Programme (with the exception under Clause 28 below);

(ii) redeem EKO Smile Loyalty Points;

(ii) enjoy any other features of the EKO Smile Programme.

28. (1) As a one-time exception upon the launching period of the EKO Smile Programme, EKO allows owners of unregistered plastic EKO Smile Loyalty Cards to use those without registration until January 31st, 2024, for obtaining fuel discounts only, which discounts are available for EKO Smile Members in accordance with the relevant terms of the EKO Smile Programme.

(2) Owners of unregistered plastic cards will not be able to enjoy any other benefits or features of the EKO Smile Programme within the said exceptional period 

VI. COMPLETION OF THE ENROLLMENT IN THE EKO SMILE PROGRAMME

29. A customer who has set up their account as specified under Section III above, becomes an EKO Smile Member. As such, the customer can start interacting with the EKO Smile Programme and enjoy its features and benefits. 

30. Each EKO Smile Member can access their EKO Smile Account at any time either via the EKO Smile App or via the EKO Smile Website to review and amend the information in his EKO Smile Account, by logging in with his e-mail address and password. 

31. EKO Smile Members are encouraged to have their e-mail (used as login username for the EKO Smile Member Account) validated, as quickly as possible after the setting up of their EKO Smile Accounts. For the avoidance of doubt, EKO Smile Members will be able to access their EKO Smile Account using their e-mail as username, for the entire duration of the 6-month period under Section III, Clause 16 herein above. 

VII. MEMBERSHIP LEVELS IN THE EKO SMILE PROGRAMME

32. The EKO Smile Programme entails two membership levels – regular and Premium Membership. The regular membership is assigned by default to any new EKO Smile Member. The Premium Membership is attributed to those EKO Smile Members that comply with qualification criteria specified herein below in the present Section VII and entails enhanced benefits for such EKO Smile Members. 

33. (1) Any EKO Smile Member who has collected at least 1 000 (one thousand) EKO Smile Loyalty Points, automatically becomes an EKO Smile Premium Member.  

(2) The Premium Membership status commences on the date on which the EKO Smile Member has collected the required 1 000 EKO Smile Loyalty Points and continues for an initial period of three months, which can then be continued for subsequent periods of three months each, subject to the condition of the next Clause 34. 

34. The EKO Smile Premium Member can continue collecting EKO Smile Loyalty Points within the first 3-month period of the Premium Membership. If he manages to collect another 1 000 points during the initial period of Premium Membership, he will qualify for a new 3 month-period of Premium Membership. 

35. Each three-month period of Premium Membership is fixed and is equivalent to any of the following quarterly periods, namely: September – November, December – February, March – May, June – August. If an EKO Smile Member has collected the required 1 000 EKO Smile Loyalty Points before the beginning of any of the specified quarterly periods, his Premium Membership status will start as of the date of collection of the required 1 000 EKO Smile Loyalty Points and will continue over the next quarterly period. As an example, if a customer has become an EKO Smile Premium Member on April 20, 2023, his initial Premium Membership status will expire on August 31, 2023 (unless continued for the next quarter in accordance with Clause 34 above). 

36. EKO Smile Premium Members are entitled to enhanced benefits and features of the EKO Smile Programme. Such enhanced benefits and features of the EKO Smile Programme will be set forth under separate terms and conditions that will be available on the EKO Smile App and the EKO Smile Website, as such terms and conditions can be amended by EKO from time to time. 

VIII. MEANS FOR INTERACTION WITH THE EKO SMILE PROGRAMME

37. EKO Smile Members can interact with the EKO Smile Programme (make use of its features and benefits) through the following channels:

i. In all EKO petrol stations in Bulgaria - at the POS and at the EKO Smile Loyalty Kiosks (only for the purposes of setting up an EKO Smile Account);

iv. Via the Customer Service Centre. 

38. (1) At the POS of any EKO petrol station an EKO Smile Member will be able to:

i. collect EKO Smile Loyalty Points;

ii. obtain fuel discounts;

iii. exchange EKO Smile Loyalty Points for discounts on EKO’s NFR products or products supplied by EKO Smile Partners;

iv. interact with all other features of the EKO Smile Programme;

v. receive information on their Smile Points Balance;

vi. receive a plastic EKO Smile Loyalty Card (in case such are available at the respective petrol station). 

(2) In order to interact with the EKO Smile Programme at the POS of an EKO petrol station, an EKO Smile Member has to identify themselves to EKO’s cashier, by showing him either (i) his physical EKO Smile Loyalty Card or (ii) his digital EKO Smile Loyalty Card

(3) Customers may interact with the EKO Smile Programme through the EKO Smile Loyalty Kiosks installed at EKO’s petrol stations, only by setting up their EKO Smile Account there. Registered EKO Smile Members cannot access their EKO Smile Account through the EKO Smile Loyalty Kiosks. 

(4) EKO Smile Members may also interact with the EKO Smile Programme through the EKO Smile App and through the EKO Smile Website by accessing their respective EKO Smile Accounts. 

(5) EKO Smile Members may interact with the EKO Smile Programme by contacting (via phone or e-mail) the Customer Service Centre which will provide general information regarding the EKO Smile Programme as well as information regarding a particular EKO Smile Account. If an EKO Smile Member wishes to obtain information about their EKO Smile Account, they will have to identify themselves by providing their e-mail address (used for the registration in the EKO Smile Programme). 

(1) EKO Smile Members are entitled to receive discounts when purchasing fuels at EKO petrol stations on the territory of the Republic of Bulgaria. 

(2) Discounts are provided as a reduction in the price shown on the totem of the EKO petrol station on the day of purchase and are deducted from the total amount due for the total quantity of fuel purchased by the EKO Smile Member with a single purchase.  

(30 The specific discount rates that EKO Smile Members can use at the time of purchase, are announced on the EKO Smile App and the EKO Smile Website. EKO Smile Premium Members can receive additional discounts on totem prices of fuel, subject to the terms and conditions specific to the Premium Membership. EKO can at any time, unilaterally, at its discretion, remove or change any and all relevant discounts. EKO does not undertake to provide discounts on all types of fuels at any given time within the EKO Smile Programme. 

(4) Any changes to the discounts are valid from the moment of their publication on the EKO Smile Website.

(5) The fuel discounts offered within the EKO Smile Programme, are only available to EKO Smile Members.

(6) To obtain a fuel discount, EKO Smile Members have to present at the POS of the EKO petrol station their registered plastic or digital EKO Smile Loyalty Card. 

(70 Apart from POS at petrol stations, fuel discounts are also available at self-service stations. The EKO Smile Member has to scan himself his plastic or digital EKO Smile Loyalty Card before effectuating the purchase transactions (paying for the fuel).  

(8) EKO Smile Members should be conscious that sometimes technical, connectivity issues between POS and EKO’s Smile Programme can occur. In such cases, it might not be possible to provide an EKO Smile Member with a discount in relation to a particular purchase.  EKO shall undertake all reasonable efforts to keep such technical or connectivity issues to a minimum.  

(9) Maximum of 4 fuel-discount-worthy purchase transactions per day: 

i. An EKO Smile Member is allowed to obtain a discount on a maximum of 4 (four) fuel purchase transactions per each day (twenty-four hours), regardless of what fuel which is subject to discounts within the EKO Smile Programme the Member has purchased. If an EKO Smile Member makes 5 and more purchase transactions within twenty-four hours, discounts will not apply to the 5th and any further fuel transactions. 

ii. Furthermore, for a discount to apply to each of the 4 permissible fuel transactions, there should not be more than two fuel transactions carried out at the EKO same petrol station within a 12-hour period. 

iii. For the avoidance of doubt, EKO Smile Members are allowed to make three or all four fuel transactions within a 12-hour period and discount will be applied to all such transactions as long the third and fourth fuel transactions for the day are carried out at a different EKO petrol station. 

(10) When using their EKO Smile Loyalty Cards (either plastic or digital) EKO Smile Members are allowed to pay in cash or by a bank credit/debit card. EKO Smile Loyalty Cards cannot be used in combination with any other promotion/loyalty cards issued by EKO or EKO’s partners outside of the scope of the EKO Smile Programme and as part of other promotional initiatives. For avoidance of doubt, the benefits under the EKO Smile Loyalty Card cannot be used in combination with EKO Friends cards, WAG, DKV, UTA or similar cards, for the same purchase. 

(1) As a further substantial feature of the EKO Smile Programme, EKO Smile Members may earn EKO Smile Loyalty Points that can be redeemed for certain benefits provided within the EKO Smile Programme (Rewards). The EKO Smile Loyalty Points can be earned through:

i. making purchases at EKO petrol stations, or

ii. by participating in EKO Smile Games/Competitions/Auctions/Promotions.

(2) All EKO Smile Members with active plastic or digital EKO Smile Loyalty cards, are entitled to collect EKO Smile Loyalty Points. 

(3) The EKO Smile Loyalty Points are automatically assigned to the EKO Smile Account of a registered EKO Smile Member who has carried out a transaction that is eligible for point earning, as soon as the transaction is completed. 

(4) EKO Smile Members can check their Smile Points Balance at any time in the following ways:

i. in their personal EKO Smile Account;

ii. at the POS of the EKO petrol station;

iii. via the Customer Service Centre (after identifying by giving any of the data from the Registration Form, for example,  their name, mobile phone number or date of birth).

(5) In order to earn EKO Smile Loyalty Points, EKO Smile Members show EKO’s cashier their respective EKO Smile Loyalty Card (plastic or digital) and the cashier scans it. Upon paying for the transaction, the EKO Smile Member gets the respective number of points assigned to their EKO Smile Account. 

(6) EKO applies the following EKO Smile Loyalty Points earning scheme (e.g. how many EKO Smile Loyalty Points each type of purchase entails):

- Each purchase of regular fuels – 1 (one) EKO Smile Loyalty Point per 1 (one) litre;

- Each purchase of premium fuels – 3 (three) EKO Smile Loyalty Points per 1 (one) litre;

- Each purchase of LPG (Liquefied Petroleum Gas) or CNG (Compressed Natural Gas) – 1 (one) EKO Smile Loyalty Point per 1 (one) litre/kg;

- Each purchase of non-fuel products and services – 2 (two) EKO Smile Loyalty Points per each BGN 1 (one lev) spent on the entire amount of the non-fuel purchase. 

(7) The purchase of certain product categories does not entitle the customer to obtain EKO Smile Loyalty Points, namely: 

i. tobacco, 

ii. household gas (bottled);

iii. print media (magazines and newspapers);

iv. vignette stickers.

(8) In addition to earning EKO Smile Loyalty Points for purchases at EKO petrol stations, EKO Smile Members will from time to time, be given the opportunity to earn EKO Smile Loyalty Points through EKO Smile Games/Competitions/Auctions/Promotions, made available by EKO from time to time.   

(9) EKO Smile Loyalty Points will not have a certain, fixed monetary equivalent. Instead, EKO or EKO Smile Partners will specify in each Points Redemption offer how many EKO Smile Loyalty Points a customer needs to have in order to be able to exchange them for a Reward. For further details, please see Clause 41 below.  

(10) EKO Smile Loyalty Points will have a limited term of validity. This means that after the expiration of their term of validity, the customer will no longer be able to exchange the collected EKO Smile Loyalty Points for any Reward. For further details, please see Clause 41 below.  

(11) The usual term of validity of the EKO Smile Loyalty Points will be at least 24 (twenty-four) months, stating from the date on which the points are earned and ending on the last day of the calendar quarter   two years after the earning day. By way of example:

Earning date: August 24, 2023

Points validity term: September 30, 2025 (inclusive)

Points expire on: October 1, 2025

(12) In case of point-earning in certain marketing initiatives (as specified under this Clause 40, para.  (8) above), EKO may determine shorter validity terms for EKO Smile Loyalty Points collectable as part of such initiatives. 

(13) EKO Smile Members can obtain a maximum of 500 (five hundred) EKO Smile Loyalty Points for a single purchase transaction.  

41. EKO SMILE LOYALTY POINTS REDEMPTION: CONDITIONS AND MECHANISM

(1) Only EKO Smile Members (e.g. customers who have registered in the EKO Smile Programme through setting up a respective EKO Smile Account (pursuant to Section III herein above)), are entitled to exchange the EKO Smile Loyalty Points that they have collected in return for certain material benefits provided within the EKO Smile Programme (Rewards). This is the process herein below referenced as Points Redemption. 

(2) EKO Smile Members are entitled to redeem their earned EKO Smile Loyalty Points, for the following types of Rewards:

i. Discounts on non-fuel products and services offered by EKO at EKO petrol stations (e.g. of the type ‘redeem 100 points and buy coffee at BGN 2.00” or “redeem 100 points and buy a soda with 50% discount”)

ii. Discounts on products offered by EKO Smile Partners, in the physical or online stores of the EKO Smile Partners);

iii. Entitlement to participation in EKO Smile Games/Competitions/Auctions/Promotions.

(3) In case of EKO’s non-fuel products and services as Rewards, EKO Smile Loyalty Points can only be redeemed for a predefined list of redemption-worthy products and services which EKO Smile Members can consult at any time at the EKO Smile Website or via the EKO Smile App. The list of redemption-worthy products and services can change from time to time upon EKO’s sole discretion, with EKO maintaining an updated list at any given moment. EKO however does not undertake to maintain the redemption-worthy products in stock at all times for the duration of the respective offer. The offers will be available until the exhaustion of the quantities in stock. 

(4) The EKO Smile Partners will also devise and update catalogues of their own redemption-worthy products and terms of offers, the current versions of which will be available for review by the EKO Smile Members at any time through the EKO Smile App and on the EKO Smile Website. 

(5) For the avoidance of doubt, EKO Smile Members will not be entitled to redeem EKO Smile Loyalty Points for any products not included in either the EKO’s predefined list (under the para. (3) herein above) or EKO Partners’ catalogues (under the preceding para. (4) herein above).

(6) The Points Redemption feature entails certain limitations, namely EKO Smile Loyalty Points cannot be:

i. used as means for payment at EKO petrol stations;

ii. redeemed for fuel discounts;

iii. exchanged for a monetary value. 

(7) Each Points Redemption offer – either such concerning EKO’s non-fuel products and services or EKO Smile Partners’ offers – shall require a particular number of EKO Smile Loyalty Points that an EKO Smile Member will have to collect in order to be able to obtain the Reward that is being offered. 

(8) The exact number of required collected EKO Smile Loyalty Points will be indicated in the EKO Smile App and on the EKO Smile Website in each offer next to each particular product/promotional initiative/ participation announcement. In order to be able to apply the Points Redemption, the EKO Smile Member must have collected at least the required number of EKO Smile Loyalty Points. For the avoidance of doubt, it will not be possible for an EKO Smile Member to request a ‘partial redemption’ (e.g. if he has only collected some of the required EKO Smile Loyalty Points and claims a portion of the offered discount). 

(9) The available EKO Smile Loyalty Points attributed to a particular EKO Smile Account and as displayed through the EKO Smile App or on-line through the EKO Smile Website, are the only EKO Smile Loyalty Points valid for redemption. 

(10) EKO Smile Members are allowed to redeem EKO Smile Loyalty Points for several offers (for example, exchange the EKO Smile Loyalty Points for discounts on several products) in one transaction, and always at their own discretion. 

(11) Maximum of 5 Points Redemption-worthy Transactions per day: EKO Smile Members are allowed to carry out a maximum of 5 (five) Points Redemption-worthy transactions within one day (twenty four hours). If they make six or more transactions within 24 hours, EKO Smile Members will not be able to redeem the earned EKO Smile Loyalty Points in the 6th (and any further) transaction in the same 24-hour period. 

(12) Points Redemption Offers at EKO Petrol Stations: Points Redemptions are possible only at EKO petrol stations. Points Redemption is not possible at self-service stations. 

(13) Points Redemptions at EKO petrol stations are carried out at the POS at the checkout with the assistance of EKO’s cashier, in the following manner:

i. The customer shows the cashier his EKO Smile Loyalty Card (paper or digital) to identify themselves as an EKO Smile Member; 

ii. The EKO Smile Member then presents to the cashier all the products that he wishes to purchase;

v. The cashier offers the customer the available Points Redemption;

vi. The customer confirms if he wishes to apply the Points Redemption.  

(14) At any given moment, EKO will maintain a certain limited number of non-fuel products and services that are subject to discounts by means of Points Redemptions.  The stock of such products and the availability of the services will naturally be subject to exhaustion (e.g. when such products are obtained through Points Redemptions or purchased by customers). In light of that, Points Redemptions at EKO’s petrol stations will be provided on a ‘first -come-first-served’ basis. This means that EKO Smile Members will be offered the available Points Redemptions, in the order of their arrival at a particular EKO petrol station. For the avoidance of doubt, EKO is not obliged to maintain a fixed number of redemption-worthy products or to secure reserves once the available stock of such products has been exhausted. 

(15) Points Redemptions through digital channels: Points Redemptions may also be available through the digital channels from time to time, in the following manner: 

i. The EKO Smile Member logs in his EKO Smile Account (by inserting his e-mail address and password) either through the EKO Smile App, or the EKO Smile Website;The EKO Smile Member accesses the redemption-worthy offer through his EKO Smile App or the EKO Smile Website;

ii. The EKO Smile Member then selects the Reward and adds it to his basket;

iii. The EKO Smile Member then confirms the Points Redemption and the redeemed points automatically get deducted from the EKO Smile Member’s Smile Points Balance;

(16) Redemption Offers provided by EKO Smile Partners: 

i. From time to time, EKO Smile Partners will offer EKO Smile Members the option to redeem collected EKO Smile Loyalty Points for discounts on the products manufactured or marketed by the EKO Smile Partners. 

ii. Information about such offers will be published in the EKO Smile App and on EKO Smile Website and such offers may be subject to separate terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitations of liability) of the particular EKO Smile Partner. 

iii. Where redemption offers are provided by such EKO Smile Partners, EKO has no responsibility for the delivery, standard, warranty, maintenance, quality, nor for any other term of any such EKO Smile Partner’s products and offers, or for the failure of an EKO Smile Partner to honour the offered terms for a Points Redemption. 

42. EKO SMILE COUPONS:

(1) EKO Smile Coupons are further benefits provided within the EKO Smile Programme. Those are essentially promotional codes that entitle the EKO Smile Member to obtain a discount on:

i. A pre-defined non-fuel productor service sold at EKO petrol stations;

ii. A pre-defined EKO Smile Partner’s product or service. 

(2) EKO Smile Coupons can be either digital (in form of a barcode available in the EKO Smile Account of the EKO Smile Member) or on paper (printed as a QR code on the customer’s receipt at the POS).

(3) Each EKO Smile Coupon has an expiration date after which it is no longer valid and cannot be used to obtain the discounts or benefit. 

(4) Each EKO Smile Coupon, either digital or on paper, contains a unique code. 

(5) Each EKO Smile Coupon can be used in only one transaction.

(6) EKO Smile Members may obtain EKO Smile Coupons by either:

i. redeeming earned EKO Smile Loyalty Points for an EKO Smile Coupon (including through the digital channels), or

ii. participating in a promotional activity (e.g. of the type ‘buy two coffees and get a coupon for a discount on the third coffee’).

43. DISCOUNTS ON NON-FUEL PRODUCTS: 

(1) In addition to the fuel discounts available to EKO Smile Members from time to time, EKO will also offer to EKO Smile Members discounts on non-fuel products and services at its petrol stations. 

(2) Such discounts will only be available for EKO Smile Members with active (registered) EKO Smile Loyalty Cards.

(3) Certain discounts will only be available to EKO Smile Premium Members. 

(4) Discounts are a discretionary benefit provided by EKO from time to time. As such they are not a permanent feature of the EKO Smile Programme. 

(5) If at a certain moment an EKO Smile Member is entitled to purchase a non-fuel EKO product or service with a discount under this Clause 43, with an EKO Smile Coupon or through Points Redemption, the EKO Smile Coupon will apply with preference. 

(6) Available discounts on non-fuel products and services will be published in the EKO Smile App and on the EKO Smile Website.

44. EKO SMILE GAMES/COMPETITIONS/AUCTIONS AND PROMOTIONS: 

(1) EKO Smile Games/Competitions/Auctions and EKO Smile Promotions will be organised by EKO from time to time as an additional feature of the EKO Smile Programme. 

(2) Such initiatives will always be subject to separate terms and conditions that will be available on the EKO Smile Website. 

(3) EKO Smile Members may be allowed to redeem collected EKO Smile Loyalty Points in exchange for a participation in such initiatives, as well as to earn additional EKO Smile Loyalty Points through such initiatives. 

45. DONATION OF EKO SMILE LOYALTY POINTS

(1) The EKO Smile Programme may support various charity organisations from time to time. An exhaustive list of such charities is available on the EKO Smile App and on the EKO Smile Website.  

(2) EKO Smile Members may donate as many of their EKO Smile Loyalty Points to the benefit of any of the charities, as they wish. 

(3) Such donations of EKO Smile Loyalty Points are free and do not entail any payment on behalf of the donating EKO Smile Member.

(4) In such cases, EKO will provide support in respect of each such charity in exchange for the donated EKO Smile Loyalty Points, under specific terms and conditions announced in advance on the EKO Smile App and on the EKO Smile Website.  

46. TRANSFER OF EKO SMILE LOYALTY POINTS

(1) The EKO Smile Loyalty Points are personal and always assigned to a specific EKO Smile Account (holders of unregistered EKO Smile Loyalty Cards have anonymous accounts. Please refer to Section V, Clause 26 above). However, an EKO Smile Member may choose to transfer all or part of their EKO Smile Loyalty Points to another EKO Smile Member. 

(2) EKO Smile Members may transfer their EKO Smile Loyalty Points only through their personal EKO Smile Accounts (via the EKO Smile App or the EKO Smile Website), in the following manner:

- the EKO Smile Member logs in to his personal EKO Smile Account;

- The EKO Smile Member provides the mobile phone number of the recipient EKO Smile Member.

(3) The transfer does not entail any fees by either the transferor or the recipient. 

(4) The EKO Smile Loyalty Points will be transferred and will immediately appear in the transferee’s EKO Smile Account. The transferred EKO Smile Loyalty Points maintain their initial term of validity.  

(5) Only active EKO Smile Members, e.g. such whose accounts are not closed or blocked (as specified under Section XII herein below) may transfer and receive EKO Smile Loyalty Points.

47. MEMBER-GET-MEMBER FEATURE:

(1) EKO Smile Members may invite acquaintances to join the EKO Smile Programme - thought the ‘Member-get-Member feature available in the EKO Smile App.

(2) Upon completing their own Registration Form, the invitee may insert the mobile phone number of the inviting EKO Smile Member. 

48. (1) It is not possible to combine several of the EKO Smile Programme features in order to obtain a discount on the same fuel product. 

(2) If a particular category of products is subject to a general discount (discount provided outside of the scope of the EKO Smile Programme and available for all EKO customers) such general discount will prevail in case the category of products is also subject to another discount within the EKO Smile Programme. 

(3) If the product is eligible for several discounts within the EKO Smile Programme, e.g. a discount thorough Points Redemption and a discount through EKO Smile Coupons, the EKO Smile Coupon will always be applied first. 

49. (1) The EKO Smile Loyalty Points are one of the main features of the EKO Smile Programme. 

(2) The EKO Smile Loyalty Points can be earned, redeemed, held, donated or transferred as set out in these Terms and Conditions. Any other use, award, sale, exchange or transfer of the EKO Smile Loyalty Points, or an attempt at such use, can constitute a breach of the Terms and Conditions. EKO Smile Loyalty Points not earned and held in accordance with these Terms and Conditions will be invalid and cannot be redeemed. 

50. Each EKO Smile Member is responsible for the security of their EKO Smile Account and of any/all Coupons, that EKO or EKO Smile Partners have issued to them, from time to time.

51. If any EKO Smile Member becomes aware that any code, user name, password or EKO Smile Account number becomes known to any unauthorised person/s, they should contact EKO immediately via the Customer Service Centre or by sending an e-mail at: customer.service@eko.bg. 

52. EKO will enter into agreements with EKO Smile Partners from time to time to secure an extension of the benefits that such EKO Smile Partners can offer, to the EKO Smile Members.

53. EKO Smile Partners may determine the particular transactions with their products, on which EKO Smile Loyalty Points can be earned and the number of EKO Smile Loyalty Points to be earned and/or the offers available for the redemption of EKO Smile Loyalty Points. Such offers to earn or redeem EKO Smile Loyalty Points are promotions, available from time to time and as such available to EKO Smile Members either for a specified period of time or whilst ‘stocks last’ in the case of promotions/offers/redemptions relate to a specific products or service. Any such initiatives will be subject to separate terms and conditions that will be published on EKO Smile Website. 

54. If a transaction on which EKO Smile Loyalty Points are issued or redeemed is cancelled, reversed or not completed, EKO will reverse the associated EKO Smile Loyalty Points movement. If insufficient points are available to cover the reversal of EKO Smile Loyalty Points earned, or EKO suspects fraud or misconduct, Rewards may be refused or cancelled until the account is returned to a positive balance, through the earning of additional EKO Smile Loyalty Points.

55. EKO Smile Members will be able to see each transaction in their EKO Smile Account/transaction history via the EKO Smile App and the EKO Smile Website, within a period of 24 (twenty four) months as of the date of such transaction. For further details on the information that EKO will record and keep, please review the EKO Smile Privacy Policy.

56. Product Returns:

If a product purchased with a discount by means of one of the features of the EKO Smile Programme, is a subject of a valid return policy (only possible for non-fuel products), depending on the preferences of the EKO Smile Member, EKO will either:

i. If the discount was obtained through Points Redemption: 

- replace the returned product with another one, or 

- restore the redeemed EKO Smile Loyalty Points in the EKO Smile Member’s EKO Smile Account and provide any accompanying cash payment (of the sum paid by the EKO Smile Member as price of the product).

- In cases of purchased multiple units of one and the same product at different prices, should the products be returned, EKO will return proportional parts of the EKO Smile Loyalty Points redeemed and proportional parts of the cash payment, that is equivalent for the returned units. 

ii. In case the discount is obtained through a Coupon: The EKO Smile Member will be returned the paid monetary amount. The EKO Smile Coupon though, cannot be restored and will be lost. 

57. Closing (permanent deactivation of the EKO Smile Account):

(1) Upon the closing of an EKO Smile Account, all the benefits associated therewith are automatically invalidated (e.g. they are no longer active and cannot be used in any way by the owner of the closed account), the EKO Smile Member’s access to the EKO Smile Programme is terminated and all benefits that he was entitled to - invalidated. 

(2) EKO Smile Accounts may be closed in the following cases:

i. The e-mail address of the EKO Smile Member is not verified within 6-months as of their registration (pursuant to Section III, Clause 16 herein above);

ii. Inactive EKO Smile Account: EKO shall close any EKO Smile Account to which no EKO Smile Loyalty Points have been assigned or from which no points have been redeemed, for a period of 12 consecutive months;

iii. The EKO Smile Member asks for closing: EKO Smile Members may require the closing of their EKO Smile Accounts: 

- via the digital channels: either through the EKO Smile App (Section ‘My Account’) and the EKO Smile Website (by accessing the ‘Profile Section’). When the EKO Smile Member requests the closure of his EKO Smile Account through one the two digital options, the EKO Smile Account will be closed within 30 (thirty) days after the submission of the request The EKO Smile Member remains entitled to all the benefits of the EKO Smile Programme within the 30-day period under the preceding sentence.

- via the Customer Service Centre: the EKO Smile Member needs to contact the Customer Service Centre via e-mail or phone and ask for his EKO Smile Account to be closed. In such cases, the Account will be closed immediately. 

58. Blocking (temporary deactivation of the EKO Smile Account):

(1) EKO may block an EKO Smile Account, without notifying the EKO Smile Member if EKO has suspicion that one of the following incidents has occurred:  

i. EKO Smile Member has breached the present Terms and Conditions; 

ii. EKO Smile Member has dealt with EKO Smile Loyalty Points in a manner not permitted by the present Terms and Conditions or any applicable EKO Smile Partner’s terms and conditions;

v. EKO Smile Member is abusive or offensive to any member of EKO’s or EKO Smile Partners’ staff or has otherwise comported himself in an unbecoming manner upon his interaction with EKO’s or EKO Partners’ staff. 

(2) In the cases as specified in preceding Letters i. through v., the EKO Smile Account will remain blocked during the investigation that EKO undertakes to carry out alone or with the intervention of the Bulgarian authorities (as permitted and regulated by the applicable Bulgarian legislation) in order to verify the incident. In the event that the occurrence of such an incident is eventually ascertained, EKO will close the EKO Smile Account in question. 

59. For the duration of the investigation under the preceding Clause 58, para. (2), the EKO Smile Member will not be able to interact with the EKO Smile Programme in any manner. In case the EKO Smile Member believes that their EKO Smile account has been unjustly closed or blocked as specified herein above, they may file a written complaint detailing their arguments and send it to customer.service@eko.bg. 

60. EKO processes the personal data of the EKO Smile Members in accordance with the applicable Bulgarian legislation and Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

61. Detailed information regarding the personal data processed for the purposes of the EKO Smile Programme is available in the EKO Smile Privacy Policy and in the EKO Smile Cookies Policy, accessible through the EKO Smile App (for EKO Smile Members), and to any individuals on the EKO Smile Website. The EKO Smile Privacy Policy sets out the information on personal data for EKO Smile Members that EKO collects, how this information will be used and whom it may be shared with. 

62. EKO Smile Members are required to confirm that they have read the EKO Smile Privacy Policy and the EKO Smile Cookies Policy when filling out the Registration Form upon setting up their EKO Smile Account. 

XIV. MISCELLANEOUS PROVISIONS

63. (1) EKO Smile Members explicitly confirm that they accept the present Terms and Conditions, by clicking on the relevant box (sliding on their smart device screen) upon filling out the Registration Form required to set up the EKO Smile Account.

(2) The EKO Smile Members thereby agree to comply with the clauses of the present Terms and Conditions upon their continued interacting with the EKO Smile Programme in any possible manner. 

(3) The present Terms and Conditions are available through the EKO Smile App and on the EKO Smile Website. 

(4) EKO is entitled to unilaterally amend these Terms and Conditions at any time upon its own discretion, thus changing any of the features or functionalities of the EKO Smile Programme. 

(5) When possible, EKO will inform the EKO Smile Members by sending them a prior notification about the upcoming amendments and will thereby inform them about their right to refuse to give their consent for the application of the amended Terms and Conditions and instead request closing of their EKO Smile Accounts by contacting the Customer Service Centre. 

(6) EKO Smile Members who have not explicitly requested the closing of their EKO Smile Account, will be construed as having accepted the amended Terms and Conditions. 

(7) The amended Terms and Conditions enter into force with their publication on the EKO Smile Website. In all cases EKO Smile Members will have the right to request closing of their EKO Smile Accounts in accordance with Clause 63, para. 5 above, if they disagree with the Terms and Conditions, or with any of their updates.  

(8) By accepting these Terms and Conditions, the EKO Smile Members acknowledge that any intellectual property rights, including any copyright or related rights, trade marks, designs, patents, trade secret, know-how, utility models, trade dress and any rights over the appearance and features of the EKO Smile App, the EKO Smile Website, or any other intellectual or industrial property rights or titles whatsoever, incorporated in or associated with the EKO Smile Programme or separately in any of its features and functionalities, belong either to EKO or any of its related legal entities, or to EKO Smile Partners, and the EKO Smile Members are not entitled to use any such rights and titles in any possible way, without the explicit permission of their owner/owners. The EKO Smile Members are liable for any damages suffered by the owners of the rights and titles under the preceding sentence in case such damages have resulted from EKO Smile Members breaching the present Terms and Conditions. 

(9) The present Terms and Conditions outline the framework of the EKO Smile Programme. Separate features and initiatives organised within the EKO Smile Programme (e.g. EKO Smile Games/Competitions/Auctions, EKO Smile Promotions, etc.) will be subject to separate terms and conditions that will be available on the EKO Smile Website at any time during the duration of such initiatives. In cases of conflicts, between the present Terms and Conditions and the separate terms and conditions applicable to such initiatives, the separate terms and conditions of the particular initiative will prevail. 

64. By accepting these Terms and Conditions, EKO Smile Members undertake to maintain the information in their EKO Smile Accounts accurate at all times while their EKO Smile Accounts are active, including by timely updating their EKO Smile Account (by logging in with their e-mail address and password via the EKO Smile Website or the EKO Smile App).

65. Each provision of these Terms and Conditions is severable.  Invalidity of any separate provision of the present Terms and Conditions shall not affect the overall validity of this document.

66. The present Terms and Conditions are governed by the applicable legislation of the Republic of Bulgaria. The Bulgarian legislation will apply to and will govern any instances of use, features or specifics of the EKO Smile Programme not addressed in the present Terms and Conditions.  

67. EKO hereby undertakes to exert its best efforts to solve any disputes with its customers, at good will and in spirit of negotiations. In case that the parties fail to achieve a mutual agreement though, the Bulgarian civil courts will be competent to resolve any such disputes. 

68. For additional information, assistance and if you have any complaints concerning the EKO Smile Programme (including in cases of unjustly closed or blocked EKO Smile Member Account) or if you believe there is an error in the attribution of the EKO Smile Loyalty Points (e.g. an EKO Smile Member was assigned less points than he should have), please contact EKO via the Customer Service Centre at the following contact details:

i. by e-mail: customer.service@eko.bg

ii. by phone: 0700 30 107

Last updated: 02/12/2023

EKO Bulgaria EAD

(web)