LEGAL TERMS FOR THE "FATHER'S DAY LATAM PROMOTION: 50% OFF RECHARGE"

1. Identification of the organizing company.

The promotion "FATHER'S DAY LATAM PROMOTION: 50% OFF RECHARGE" is organized and executed by the commercial entity "GELT CASH TRANSFER, S.L.U.", with tax residence at Calle Pajaritos, 24, 28007, Madrid (Spain) and provided with NIF No. B-88506191 (hereinafter, "SENDITY" or the "Organizer").

2. Purpose of the Promotion.

The purpose of this promotion, titled "FATHER'S DAY LATAM PROMOTION: 50% OFF RECHARGE" (hereinafter, the "Promotion") is to encourage the use of Sendity's mobile top-up service (hereinafter, the "Platform") among registered users and new users of the service. Participation in the Promotion is free, and will benefit from a 50% discount on the purchase of a top-up of minimum €7 and maximum €22, regardless of the operator chosen, under the conditions detailed below. The Promotion is available only to users registered on the Sendity platform.

3. Scope.

Temporal: The Promotion start date will be June 10, 2025 at 00:01 and will end on June 17, 2025 at 23:59. The Organizer, however, reserves the right to postpone or extend the participation period in the promotion in case of force majeure.

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

4. Rules and conditions for participation.

May participate in this Promotion:

  1. Natural persons over eighteen (18) years of age at the start of the Promotion and registered with SENDITY.
  2. Users registered on the Sendity platform and new users of the Sendity service.
  3. Participants expressly undertake to guarantee the accuracy and veracity of their personal data.
  4. Participants must expressly accept the legal terms of this Promotion.

May NOT participate in the Promotion:

  1. Persons 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 participated companies, advertising agencies involved in the Promotion, suppliers that may be related to the Promotion, as well as any person who directly or indirectly may be related to the Organizer or involved in carrying out this Promotion.
  3. Users who have more than one profile on Sendity, i.e., users who have several accounts under the same ownership but with different emails or mobile phones.
  4. If the transaction is not made based on the minimums established in the purpose of this promotion, that is, if the user attempts to make a top-up for an amount less than 7 euros or greater than 22 euros.

5. Mechanics of participation in the Promotion.

a) To qualify for the Discount, participants who have complied with the rules and conditions set out in the previous section must:

  • Choose one of the available operators to make a mobile top-up.
  • Add the exclusive code received by WhatsApp or Instagram message. This discount will automatically provide 50% discount on the amount to be paid. The top-up amount must be minimum €7 and maximum €22.

b) Participants may not infringe applicable regulations in the development of this Promotion, nor perform acts or omissions that affect or infringe third party rights.

c) Comply with the mechanics of the Promotion in the manner described in the following clauses, complying with the requirements established in these legal terms.

6. Gift delivery.

All persons who execute the mobile top-up under the conditions mentioned in the previous section may opt for automatic application of the 50% discount.

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

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

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

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

Use of the code implies full and unconditional acceptance of these legal terms.

7. Penalties in case of fraudulent use.

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

Similarly, any false declaration, fraud, indications of false identity or address or infringement of third party rights, will result in immediate disqualification of the participant. Furthermore, it may entail, where appropriate, return of the Gift if it had already been obtained. Participants will not implement any participation method that violates these legal terms.

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

The verification of any of these practices will result in disqualification of participants from the Promotion that we consider have arrived through unauthorized means.

SENDITY reserves the right to take legal action against those persons who perform any type of act that may be considered as manipulation or falsification of the Promotion.

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

Likewise, SENDITY will be at all times entitled to withdraw or disqualify participants who (i) do not adapt to the rules of the Promotion, (ii) violate good practices and customs or (iii) manipulate or attempt to manipulate the Promotion; (iv) violate any of the conditions of these legal terms 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 these do not unduly harm participants and are equitable.

8. Intellectual and industrial property rights.

All participants in the Promotion guarantee to be holders of all rights, both intellectual and industrial property of comments and publications made within the framework thereof, if applicable. SENDITY will not be responsible for any breach of any rule, or any infringement of third party rights made by participants within the framework of the Promotion, these assuming the obligation to hold SENDITY harmless in case of claims made by said third parties.

Participants assign to SENDITY, exclusively and free of charge, universal territorial scope, for the maximum term permitted by law and with the power of assignment to third parties, all intellectual property rights over the contents and comments published within the framework of this Promotion, for exploitation in any medium or by any means, including, in particular but not limited to, for improvement of the Platform, participants being responsible for peaceful enjoyment of said rights.

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

The assignments made in this section are made free of charge, not giving rise to any consideration. Consequently, participants in the Promotion may not demand any consideration or oppose its use, except by expressly and in writing renouncing their participation in the Promotion.

9. Reservations and limitations.

SENDITY is exonerated from all responsibility in case of malfunction of electronic communication networks that prevent the normal development of the Promotion for causes beyond them and especially for external acts of bad faith. It will also not be responsible for transmission problems or data loss not attributable to SENDITY.

Any abusive or fraudulent use by participants will result, as established in section 7 of these legal terms, in the consequent disqualification of the participant in the Promotion. If improper use of the Platform (with or without intent to defraud) causes its malfunction, SENDITY will be exonerated from all responsibility, being able to cancel the Promotion.

Similarly, it will be understood, by way of example but not limitation, that abuse or fraud occurs when a participant makes 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 that there is any error in the data provided by the participants themselves that prevents their identification or delivery of the Gift.

SENDITY reserves the right to make changes that result in the successful completion of the Promotion when there is just cause or force majeure reasons that prevent carrying it out in the manner set forth in these legal terms.

SENDITY reserves the right to make modifications or add successive annexes on the mechanics and incentives of this Promotion provided that they are justified or do not harm participants, and are properly communicated to them.

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 SENDITY's control, and that affects its normal development, SENDITY reserves the right to cancel, modify, or suspend it, without participants being able to demand any responsibility from SENDITY.

SENDITY is exempt from any responsibility in the following cases:

  • In the event that participants' data is incomplete or erroneous.
  • Participants are advised, before providing any data on the Platform, to read its terms and conditions carefully.
  • SENDITY is not responsible for possible data loss due to email problems or crashes, where applicable, of the Platform, nor for any malfunction or temporary suspension of electronic communication networks that prevent normal development of the Promotion.
  • For causes 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 not attributable to it, nor will it respond 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 total or partial enjoyment of their Gift, being exonerated from all responsibility in any of the indicated cases or any other similar.

For contents: Each participant will be responsible for the content and information they publish when making the Platform evaluation.

More specifically, participants in the Promotion, when making the Platform evaluation:

  • Recognize that they have the right to transmit the information provided freely.
  • Recognize that the information transmitted by them does not infringe any intellectual or industrial property right, trade, business or professional secret, contractual confidentiality clause, data protection or information society right, or any other third party right.
  • Recognize that the transmitted information is not confidential and is not harmful to third parties.
  • Recognize assuming full responsibility, keeping the Organizer harmless for any information they personally provide, such responsibility reaching, without any restriction, the accuracy, legality, authenticity and ownership thereof.

Given the above 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 at any time the conditions of the Promotion, including suspending or canceling it before the predetermined deadline, provided that just cause exists, committing to communicate the new legal terms, conditions of the Promotion or definitive cancellation, where appropriate, with sufficient advance notice and publicity.

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

Any suspension, postponement, cancellation or modification of the Promotion will be announced by email.

In any case, if it is detected that any participant has incurred fraud, SENDITY reserves the right to exclude them or not deliver the Gift that may have corresponded to them. Furthermore, SENDITY reserves the right to remove from the Promotion any participating user suspected of irregular action, without need for any notification. SENDITY intends that all participants take part in the Promotion under equal conditions and with strict respect for 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 movement of such data (hereinafter, "GDPR"), as well as in Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights (hereinafter, "LOPDGDD"), for the specific personal data processing 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 personal data processing, independent of the processing that SENDITY normally performs (and which can be consulted in its Privacy Policy), is specific for participants in the Promotion who accept it.

Responsible: The Personal Data Processing Controller is the commercial entity GELT CASH TRANSFER, S.L.U., provided with NIF No. B-88506191 and with registered office at Calle Pajaritos, 24, 28007, Madrid (Spain), registered in the Commercial Registry of Madrid, on Sheet M-706244, Volume 39747 and Folio 128. Its email 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, to obtain an opinion on data processing operations, whether it concerns you or that you carry out. Their email: dpd@gelt.com.

Purposes: Participation in the Promotion "FATHER'S DAY LATAM PROMOTION: 50% OFF RECHARGE", deliver the Gift to participants and analyze the use and impact of SENDITY services on its users.

Data collected:

  • Customer name and surnames; postal address; telephone number, email address; card number with which payment of the transaction is made.
  • Telephone number to which the top-up is sent.

Legitimation: The legal basis for processing your personal data is the consent of the interested party and compliance with the legal terms 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 authorized purposes for participation in the Promotion. Once the treatment necessary for the referred actions is finished, the data will be blocked in SENDITY databases and will be deleted when the established legal deadlines elapse.

Rights and possibility of complaint: At any time, you may exercise the rights of access, rectification, deletion and opposition, portability and limitation of processing, set forth in the GDPR and LOPDGDD, by sending your request by email to dpd@geltapp.com.

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

In addition, the participant has the possibility and right to withdraw consent for any specific purpose granted at the time, without affecting the lawfulness of processing based on consent prior to its withdrawal.

You can consult SENDITY's Privacy Policy on the website: https://www.sendity.com/en/privacy-policy/

12. Miscellaneous.

If a competent Court or administrative body determines that any of the legal terms 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 remain 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 provided to SENDITY, or when the information or data has changed since it was initially provided.

13. Applicable legislation, jurisdiction.

This Promotion is governed by current Spanish legislation.

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

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

14. Acceptance of legal terms.

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

In Madrid, Jun 10, 2025


 

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