LOYALTY PROGRAM RULES

  1. Terms and definitions

 

  1. General terms and conditions

2.1. Initiator arranges and promotes the program in Ukraine. Initiator is not a financial institution and does not provide any credit, debit or other financial services, does not issue credit, debit or payment cards of any kind. Due to the Participant possesses a card he is in relations with the bank that issued the card, and not with the Program Initiator.

2.2. These Rules establish the conditions for participation in the Program and requirements for participants and other parties. The Participant agrees to regularly, at least ones in 7 days, check up on the Site if any changes in the Rules were made. These Rules can be changed by the Initiator unilaterally at any time without prior notice to the Participant. Changes may relate to the Rules, the number of Bonuses required for reward, expiry date of the Bonuses, the conditions and procedure for crediting, writing off and canceling Bonuses, etcInformation about the changes will be posted by the Initiator on the Site. The updated version of the Rules shall enter into force upon 7 calendar days after the relevant information is posted on the Site. The Participant has the right to withdraw from participation in the Loyalty Program in case he does not agree with the changes in the Rules. To do this, he should notify the Initiator in writing within 7 (seven) calendar days from the date of publication of the updated version of the Rules on the Site. In case the Participant fails to notify the Initiator about withdrawal from participation in the Program, this would mean that the Participant agrees with the changes in the Rules and continues the participation in the Program. In case of withdrawal of the Participant, his participation in the Program shall be terminated on the next business day from the moment of receipt of the notification by the Initiator. Changes in the Program Partners rules, the list of rewards available for exchange or the number of Bonuses the Member can exchange for certain rewards cannot be considered a change in the Program Rules. Assignment of rights and obligations by Initiator, provided for by these Rules, in part or in whole to another party will also not be considered a change in the Program Rules, which is referred to in this clause 2.2, and third parties may be involved by the Initiator in order to implement the Program.

2.3. The Program Initiator collects and processes the Participant’s personal data on the Program Website. When registered in the program, the Participant agrees to the specified processing of his personal data, which means any action or set of actions performed in the information system of the Program related to the collection, registration, accumulation, storage, adaptation, modification, updating, use, distribution and deletion of information about an individual in accordance with the procedures provided for by the Privacy Policy.

2.4. When transferring reward to the Participant, the Initiator acts as a tax agent in the understanding of the Tax Code of Ukraine, withholds and transfers taxes and fees to the budget in accordance with the legislation of Ukraine governing the taxation of gifts. The  Initiator is not responsible for the payment by the Participant of taxes not related to the transfer of reward to the  Initiator. Each Participant is solely responsible for its total income.

2.5. The Initiator has the right to terminate the Loyalty Program or any part of it at any time by placing a message on the website prior 7 calendar days before the termination date. Once this period expires, the exchange of bonuses for Rewards will become impossible and all bonuses remained in the Account will be canceled.

 

  1. Terms of participation in the Program

3.1.        An individual who meets the following conditions can be a participant of the Loyalty Program:

3.2. More detailed information about the participation of a particular Card in the Program can be obtained directly from the Bank.

3.2.1. Registration in the Program is performed on the Program Website by creating a Participant’ Personal Account, the  identifier of which is the mobile phone number of the Participant, linked to his card in JSC CB PRIVATBANK (hereinafter referred to as the “Identifier”).

3.2.2. By registering for participation in the Program and confirming his registration details, the Participant agrees to comply with the Program Rules and Privacy Policy, and undertakes to independently monitor the presence or absence of changes in the Rules and Privacy Policy.

3.2.3. The current version of the Rules and the Privacy Policy is available on the Program website.

3.3. Citizens of Ukraine who have a taxpayer registration number are allowed to participate in the Program. A Program Participant is entitled to register only one Personal Account. Neither legal entity nor an individual on its behalf can participate in the Program.

3.4. The Loyalty Program Participant's account contains detailed information about accrued, debited, canceled Bonuses, as well as information about the Participant's Bonus balance and provides the participants the opportunity to exchange Bonuses for Rewards.

3.5. If any of the participants does not comply with the Rules and the Privacy Policy, the Initiator has the right to refuse such a participant to participate in the Program.

3.6. In case of suspicion of fraudulent actions or suspicious behavior of a participant, the Initiator has the right to temporarily ban his Account and suspend participation in the Loyalty Program.

3.7. The Initiator may terminate participation in the Loyalty Program in the following cases:

3.8. The result of termination of participation in the Program is the cancellation of all Bonuses credited to the Participant.

 

  1. Participant`s rules and obligations

4.1. Upon registration in the Program in accordance with these Rules, the Participant can use the website, receive accrued bonuses, exchange bonuses for Rewards.

4.2. The participant gets an access to information on credited and written off bonuses from the Personal Account. He can check the balance of bonuses in his Personal account at any time.

4.3. The participant independently decides whether to receive news, information and / or advertising messages of the Program, indicating this when filling out the Registration form, or any time during participation in the Program.

4.4. The Participant independently and in a timely manner informs the Initiator about the change in his contact details necessary to provide information about the Program and receive rewards.

4.5. Other payment cards can also be added to the Participant’s Personal Account, by transferring data from the Bank to the Organizer, for the purpose of general accumulation of bonuses on one account. The Participant must be a cardholder himself. No more than 5 payment cards can be added to one account. When removing a payment card, Bonuses accumulated on such a card remain on the Account to which the card was added.

4.6. The Participant can terminate participation in the Program at any time during the term of the Program by sending a written (as well as electronic) message to the Participant no later than 30 (thirty) days before the date of termination.

 

  1. Bonus crediting procedure

5.1. The Bank and the Initiator independently, solely at their discretion determine the conditions and way of crediting Bonuses. Bonuses are credited when the Participant performs settlement operations using a Card registered for participation in the Program.

5.2. Bonuses are credited after registration of the Card in the program and are calculated using the following formula:

• 1 bonus is awarded for every 10 UAH for operations which are determined by the Bank for Bonuses accrual.

5.3. The Participant can additionally receive the following types of bonuses:

5.3.1. Welcome Bonus:

which are credited for registration by the Participant of the first Card in the Program depending on the type of the Card.

5.3.2. Holiday Bonus:

which are credited once to the Participant on the occasion of his birthday, provided that the Participant is active in the Program (Participant logged into the Account at least once in the previous month). If the Participant has several Cards registered in the Program, Bonuses are accrued in the amount corresponding to the Card of the highest type.

5.3.3. Additional types of Bonuses that can be credited in cases determined by the Initiator or the Bank.

5.4. In specific situations, particularly during promotional campaigns or special promotions and offers from the Program Initiator, Bank or Program Partners, additional Bonuses may be credited in accordance with the rules for crediting additional Bonuses, which are reported separately and applied together with the terms of these promotional campaigns, special promotions and offers.

5.5. Credited Bonuses are valid for 36 months from the date of crediting.

5.6. Bonuses are not credited for the Participant's settlement operations in the following categories of retail and service outlets:

МСС

Name

Description

1

4829

Money transfer

An operation in which funds are delivered or made available to a person in a place other than the place where the money is transferred. These operations include impersonal operations, such as those promoted by the Internet.

2

6012

Financial institutions - trade and services

For merchant purchases or services provided by financial institutions. Such purchases or services may include cheques and other financial products, products for promotion, loans, payment for information (advice services). For the security of payment of brokerage transaction services or other similar expenses, MCC 6211 is used. For cash withdrawal at ATMs, MCC 6011 is used.

3

7995
9754

Gambling, Dog racing, State lottery

Placement of bets, purchase of a lottery ticket, commercial games during the flight, or buyers of tokens (chips) or other instruments substituting cash, goods or services related to gambling, institutions such as casinos, racecourses, card houses, airlines, etc.

4

6010
6011

Financial Institutions Manual Cash Disbursements; Financial Institutions Automated Cash

Cash payments at ATMs owned, leased, controlled or sponsored by banks, savings and loans, savings and credit unions.

5


6529
6530

Remote Stored Value Load-Member Financial Institutions, Remote Stored Value Load

Can be used as an internal code of some organization.

6

6050
6051

Quasi Cash-Member Financial Institution

Quasi Cash

Purchasing cash cheques, foreign currency, cash orders, or using payment cards to open a deposit account with non-financial institutions or financial institutions. Any commission charged for the purchase of such quasi-cash instruments (almost cash) is included in the total transaction amount.

7

6211

Securities - Brokers Dealers

Payments charged by outlets that sell, buy securities, stocks, bonds, commodities and general funds.

8

6532
6533

Payment transaction - member financial

Payment transaction - merchant

A Payment Transaction allows Mastercard cardholders to transfer funds to a Mastercard account. This MCC is also used for Brazil domestic Coupon Booklet. Payments (CARNE) as outlined in the Interchange Manual—Latin America and Caribbean Region.

9

6534
6536
6537
6538

Money transfer-member financial institution, MoneySend Intracountry MasterCard MoneySend - MoneySend Intercountry MasterCard MoneySend Funding

MoneySend payment transactions within countries and between countries. MoneySend Funding transactions in which the cardholder uses a MasterCard to fund a MoneySend Payment Transaction.

10

6540

Nonfinancial institutions - Stored Value Card Purchase / Load

This MCC is used for the initial purchase and / or any subsequent reload of cards with saved value (including Visa Prepaid cards) in non-financial institutions.

11

9311

Tax Payments

Local, state, and federal entities involved in financial management and taxation, including tax and fines. This includes the customs office and the State Customs Committee.

12

4814

Telecommunication services

Telecommunication services incl. but not limited to prepaid phone services and recurring phone services

13

4900

Utility Bills

Include electricity, gas, water/sewage and garbage disposal.

14

7994

Video Game Arcades/Establishments

Merchants classified with this MCC operate arcades, amusement machines (such as video game machines, juke boxes, pinball machines, mechanical games, instant photograph booths, and similar types of amusement equipment)

15

8999

Professional services - not elsewhere classified

 

Outlets in traditional "professions" that offer highly specialized services and often require staff to receive additional or specialized education or training to deliver the service. This MCC should only be used if the merchant's business is not covered by another, more specific MCC. Examples of such points of service include mortgage brokers, research firms, financial planners, graphic designers, guest speakers and faculty members, forensic stenographers, real estate appraisers, research firms, and auction houses.

* Ukrainian language prevails in the table and takes precedence over other editions available on the Website

5.6. The Bank, at its discretion, makes the above list of exceptions and may make changes to it that will not lead to the cancellation or cancellation of Bonuses credited earlier (except the situations when such bonuses were creditedd as a result of full or partial return of goods / services, fraud, cheat, other intentional action or technical malfunction in the functioning of the Organizer's information systems). In case of errors (incorrectly credited / withdrawn Bonuses, etc.), the Program Initiator has the right to make the necessary amendments to the balance of the Program Participant.

5.7. The Bank determines the number of Bonuses that are credited to the Participant for a payment transaction.

5.8. When crediting Bonuses, their amount is rounded down to the nearest hundredths, and integers are reflected on the Participant’s balance, while the previous Bonuses are summed up with the following ones, taking into account hundredths.

5.9. For the exchange for Rewards, only the whole amount of Bonuses without tenths is used.

5.10. Within 30 days from the date the Payment system settles with the Bank, Bonuses are credited to the balance of the Program Participant.

5.11. Full or partial refund to the Participant's card account for settlement transactions (for example, payment by card for goods / works / services), results writing Bonuses off the Participant's account  that were previously credited for the specified settlement operations, so that the Bonus balance in the member's account decreases. So, in the event the Participant returns the previously purchased goods / works / services, the Bonuses credited for payment for this goods / works / services are canceled and must be written off the participant's account.

5.12. The Bank and / or the Organizer reserves the right to stop the crediting  Bonuses, writing bonuses off the Participant's account or prohibit their exchange for rewards in the following cases: The Participant violates the Program Rules; the Initiator and / or the Bank have reasonable suspicions of fraud or other illegal behavior related to participation in the Program, and the like. In any of the situations specified in this clause, the Initiator and / or the Bank shall determine the duration and kind of the measures necessary for the protection and effective functioning of the program.

 

  1. Bonus exchange procedure

6.1. Each Participant of the Program has a Personal account for accumulating Bonuses. The condition for the exchange of Bonuses for Rewards is the Participant's consent to receive rewards, which can be given by putting a corresponding mark on the exchange page.

6.2. When exchanging, Bonuses are written off in chronological order, starting with those that were credited earlier and ending up with the latest ones.

6.3. The Bank and the Program Initiator independently determine the number of Bonuses to be written off from the Participant’s account when exchanging Bonuses for Rewards. The Participant can exchange for Rewards only the number of Bonuses that he accumulated at the time of exchange.

6.4. The Participant is entitled to exchange Bonuses only for those Rewards given in the list of Rewards published on the Program Website.

6.5. If the return, deduction, cancellation of Bonuses, cancellation of payment transactions, or other circumstances led to the Participant exchanging more Bonuses for the Rewards than actually available as a result of adjusting the number of Bonuses, excessively spent Bonuses are considered advance in nature and will be deducted from those Bonuses that will be awarded in the future.

6.6. At the time of exchange for rewards, the corresponding number of Bonuses is subject to deduction from Participant`s Personal Account. The written-off Bonuses cannot be returned to the Participant's Account in the future, except under the conditions expressly provided for by these Rules. Exchange for rewards provides only the whole amount of Bonuses without tenths.

6.7.  The provision of the reward chosen by the Participant or the right to receive it is carried out by electronic communication (e-mail or SMS). The specific way of providing depends on the format of the reward of the Program Partner.

6.8. The Program Partner determines the conditions and terms for the provision of reward to the Participant, which can be found on the reward ordering pages given on the Program Website.

6.9. The Participant is not entitled to exchange or return the Reward that was received in exchange for bonuses.

6.10. If the Participant detects any defects relating to the quality and / or quantity of the rewards, or if the Reward does not correspond to the order chosen by the Participant, he undertakes to immediately inform the Initiator about this. The defect or deficiency is the mismatch of the face value, sales network or the validity period of the ordered and received award. If the Participant within 4 working hours after receiving the  Reward did not report any damages, deficiencies, inconsistencies and accepted the  Reward, then such a  Reward is considered to be of good quality, and the bonuses used to exchange for this  Reward are not refundable to the participant, and the Participant loses the right make claims for this Reward in the future.

6.11. From the moment of receiving Reward, the Participant independently ensures its proper storage and protection against loss, theft or unauthorized copying. The Rewards are non-refundable, and the Initiator does not accept any claims in this regard.

6.12. Bonuses have no cash value, are not a means of payment, currency or security.

6.13. Bonuses do not have cash (monetary) value and under no circumstances can be received in cash. Bonuses are not electronic money and cannot serve as electronic money. Bonuses are not goods and cannot be purchased by the Participant or third parties at their own expense. Bonuses are not money and cannot be equated with it.

6.14. The Initiator, at its discretion, forms the List of rewards and makes changes to it if necessary. The  Initiator is not obliged to inform the Participants of such changes. The current version of the Rewards List available on the Program website is considered applicable at the moment of exchanging bonuses for Rewards.

 

  1. Program Partners

7.1. To implement the Program for exchanging Bonuses for Rewards, the Program Initiator, on the basis of separate agreements, independently involves Program Partners. These Program Rules are not the reason for any partnership or agency relationship  between the Initiator and the Program Partners.

7.2. The Organizer is not responsible for the actions or inaction of the Program Partner and third parties, as well as for any loss or damage arising from any interaction between the Participant and the Program Partner. Program Partners are solely responsible for the use of rewards that are duly transferred to the Member in exchange for bonuses. The organizer does not provide any guarantees regarding the Program Partners and their proposals. The Program Initiator is not responsible for the quality of goods, works, services provided by the Program Partners as a result of using the Reward. The Initiator does not accept or check the completeness, quantity and quality of goods, works, services provided by the Program Partner to the Participant. The Participant independently, without involving the Initiator, interacts with the partners of the Program on all issues related to the use of the reward.

7.3. The partners of the Program independently ensure the quality of the goods, work, services they provide. The participant checks the completeness, quantity and quality of goods, works, services that are provided to him by the Program Partner. In the event of any defects, the Participant must immediately notify the Program Partner.

 

  1. Requests, complaints, request for information

8.1. To obtain information about the Program, the Participant can contact by phone +380739000002, +380989000002, +380509000002 from 09:00 to 18:00 (seven days a week) or by e-mail: vip@pb.ua.

8.2. The participant’s claim to the Initiator must occur in accordance with clause 8.1. with a detailed description of the circumstances of the complaint. In order to ensure prompt processing of the complaint, the Participant must assign a contact person and provide the Program in the manner provided in the clause above, with a description of the complaint and the contact person and his phone number.

8.3.  In response to the claim, the Initiator’s representative will contact the Program Participant within 3 (three) business days.

8.4. The Program  Initiator will consider claims and complaints within 30 (thirty) calendar days from the receipt of a notification from the Participant. In exceptional cases, the  Initiator reserves the right to set another deadline for the consideration of complaints, that should be additionally reported to the Participant.

8.5. The program Initiator independently determines the rules, procedure and methods for resolving disputes.

 

  1. Final provisions

9.1. The rules of the Program are drawn up in accordance with the requirements of the current legislation of Ukraine. In the event of disputes regarding the fulfillment of the conditions of the Bank's loyalty program, the first means of resolution are negotiations of parties concerned. If the negotiations are unsuccessful, disputes can be resolved in a judicial proceeding in accordance with the current legislation of Ukraine.

9.2. Jurisdiction. These Rules and other conditions for participation in the Program are regulated in accordance with the legislation of Ukraine. All disputes related to participation in the Rewards program are subject to jurisdiction exclusively to the courts of the city of Lviv.

9.3. Confidentiality. The Initiator collects and processes the personal data of the Participants in accordance with the current legislation on the Protection of personal data, as well as in accordance with the Privacy Policy of the Loyalty Program, published at: https://visa.pb.ua/.

9.4. Bank secrecy. The Participant authorizes the Bank to transfer to the Initiator as well as to all parties involved in the provision of services under the Loyalty Program, in particular to the Program Partners, your data subject to protection under the bank secret regime, as provided for in Art. 60 Law of Ukraine No. 2121-III “On Banks and Banking Activities” dated December 7, 2000, to the extent determined by the need to participate in the Loyalty Program, and also authorizes the Initiator and all parties involved in the provision of Loyalty Program services, in particular Reward exchange partners, to carry out processing of the specified data to the extent determined by the need to implement the Loyalty Program.

9.5. Responsibility. Accepting these Rules in accordance with the current legislation, the Participant agrees that the Initiator is not liable for damage caused to the Participant in the process or as a result of his participation in the Loyalty Program, except when such damage was caused by the Initiator as a result of his willful actions or criminal negligence. Accepting these Rules in accordance with the current legislation, the Participant also agrees that the Initiator does not guarantee the absence of defects or shortages of goods, provided as a reward under the Loyalty Program. Warranties for a particular product are the responsibility of its manufacturer. The Program Initiator is not responsible for the actions or inaction of service providers and third parties.

9.6. To remove any chance of doubt occurring, Visa Inc. and any other persons affiliated with it do not participate in the process structure of the Program, as well as in the processes related to the crediting of Bonuses and the exchange of Bonuses for rewards, and are not responsible for the compliance of the Initiator, Partners, manufacturers / suppliers of goods / services with the legislation of Ukraine and these Rules, and also do not respond to the claims of the Program participants.