HAWKERS CREW AND HAWKS’ TERMS AND CONDITIONS

1.- Identification

  • Company name: PLAY HAWKERS, S.L.
  • Company address: Marie Curie, 34, 03203, Elche
  • CIF number: B-54754718

2.- Purpose

Through the present document, the terms and conditions (hereinafter “T&C”) which will regulate the development of activities and events pertaining to the Hawkers Crew community (hereinafter “Hawkers Crew”) promoted by PLAY HAWKERS, S.L. (hereinafter “Hawkers”), and all aspects related to the aforementioned community, are established. Members of Hawkers Crew will be considered as ambassadors (hereinafter referred to individually as “HAWK” or collectively as “HAWKS”) of the Hawkers brand, based on what is set forth in the present T&C.

Any user may choose to be part of the Hawkers Crew community. However, Hawkers establishes a series of requirements to determine, at their discretion, which persons will be granted consideration as HAWKS. In any circumstance, the user must be of age (≥ eighteen (18) years) and have frequent activity on social media.

The conditions necessary in order to be a HAWK will be established both in the present T&C, and on the website https://www.hawkersco.com/pages/hawkerscrew (hereinafter, the “Website”). Hawkers reserves the right to periodically modify the established conditions for becoming a HAWK, with the users being under obligation to consult the aforementioned conditions in order to be made aware of possible changes put into effect.

3.- Prior Information

The present T&C are available to be accessed by any user on the Website, openly and free of charge.

All aspects related to Hawkers Crew and HAWKS are described perfectly on the Website and in the present T&C, and it shall be understood that any matters which have not been expressly indicated in the aforementioned, are not included.

The binding agreement between Hawkers and the user, with respect to Hawkers Crew and by means of the present T&C, shall be understood as perfected at the moment in which the user completes the registration process, understanding that the following of the steps for membership activation, along with the inclusion of requested information, as well as their personal acceptance of the aforementioned upon registration, constitute a direct manifestation of the will of the user to accept the present T&C.

4.- Role of Hawks within Hawkers Crew

Hawkers Crew is a community of users who have a special relationship with the Hawkers brand and all of its products, sharing its passion for fashion and its lifestyle.

HAWKS are people who, due to their special significance and impact, have strong influence connected to the content published on their social media (especially Instagram) and/or communication media within their reach, inciting mass support from followers, of the posts they publish. Among the characteristics most important for being a HAWK, is being interested in Hawkers and being up-to-date on its developments, and transmitting all this in a unique and original way.

4.1 Registration Process

Any user who wishes to be a HAWK, must complete the registration process established for this purpose on the Website, including all the information necessary for this purpose: (i) first name; (ii) last name; (iii) email; (iv) address; (v) phone number; (vi) date of birth; (vii) gender; (viii) IG profile (must be a public profile); and (ix) about me.

If Hawkers Crew detects a fake account, of which the associated followers are not real, or any other motive for which it would be considered that collaboration were not possible, such collaboration will not be carried out. In this circumstance, Hawkers Crew reserves the right to automatically remove that account.

Once registered, Hawkers will get in contact with the individual to notify them if they have been accepted to be part of the Hawkers Crew community, indicating the next steps for completing the process and becoming a HAWK.

4.2 Resigning as a Hawk

Any HAWK may resign once they have delivered the agreed-upon publications and no longer have a pending commitment to Hawkers Crew, through express communication in the electronic mail thread open with the Hawkers team, indicating their first and last name, and username. Once the corresponding verification has been conducted, the user will be sent a confirmation regarding their HAWK resignation.

In the instant that this resignation is made effective, all perks, codes, discounts, and any other element provided through their relationship with Hawkers Crew, will cease to be available.

In any circumstance, users will be able to request a new registration, with Hawkers reserving the right to not admit the user in cases in which they have infringed upon what is established in the present T&C and/or in the Website’s Privacy Policy, as well as any other additional conduct regulations determined by Hawkers. Furthermore, Hawkers may choose to not admit the aforementioned registration in the case of any conflict or controversy that is either pending, or has been finalized with recognition of fault or negligence by the user and/or detriment to Hawkers, its collaborators and partners, users, clients, or potential clients.

5.- Development of Activities

5.1 Activities on Social Media

HAWKS must be active on social media and demonstrate Hawkers influence through these media in their day-to-day activities. For a HAWK to be considered active on social media, they must have made at least six (6) posts and twelve (12) stories on the Instagram social network, with content that they themself created originally during the six months of duration of a Hawkers Crew campaign.

Furthermore, any HAWK may obtain personal discount codes (hereinafter, “Codes”) to be used by all of their followers, any person within their sphere, or even the HAWK themself. Any HAWK may also obtain a personalized UTM (hereinafter, “Personalized Link”) which they must publish for the purpose of monetizing sales generated, thereby obtaining economic reimbursement based on such sales.

All sales made through a HAWK’s Personalized Link, regardless of the quantity of products acquired in a given order, will be understood as “Sales Generated.”

Additionally, Hawkers reserves the right to determine the amount/percentage of the Code, as well as its purpose and/or to which products it is applicable, at the time it is provided to the HAWK.

5.2 Hawk Restrictions and Obligations

HAWKS, by virtue of the present T&C, must comply with the restrictions and obligations derived from the Hawkers Crew program.

HAWKS may not promote their Codes on official social media profiles and/or communication media belonging to Hawkers, nor on those of any Hawkers Group entity, nor in coupon books/forums, nor on the profiles of any public character who collaborates with Hawkers.

HAWKS may not perform giveaways, contests, or similar promotional activities through social media or communication media, without the express prior written authorization of Hawkers. In this sense, the HAWK, in the case that they are authorized to carry out such activities, must notify Hawkers of all details related to the initiative that they wish to develop, such as legal foundations, the dates of the initiative, winners, or any other element of interest to Hawkers.

In the development of personal activities linked to Hawkers Crew, HAWKS must comply with, at least, the following requirements:

  • 1. Register on Awin in order to generate their Codes/ Personalized Links which will enable the monetization of their Sales Generated and their corresponding payments.
  • 2. Connect their IG profile to Grin so that Hawkers has access to data on posts and stories published with Hawkers Crew HTs.
  • 3. Use the Hashtags established by Hawkers.
  • 4. Tag, in posts related to Hawkers Crew, the @hawkersCrew and @hawkersco profiles.
  • 5. Promote their code/ personalized discount link.
  • 6. Fulfill the requested number of posts (6 posts + 12 stories)
  • 7. Archiving photos with Hawkers is prohibited.
  • 8. Do not go more than two (2) months without publishing content.
  • 9. Have their social media profile set to public.
  • 10. Do not publish material that promotes other brands that are not part of the Hawkers Group (don’t tag the brand).
  • 11. Do not collaborate with other sunglasses brands.
  • 12. Do not perform giveaways with material provided by Hawkers without express prior written authorization.
  • 13. Do not sell material that was gifted or provided for non-commercial purposes.

HAWKS will be held exclusively accountable for the content, publication, and/or utilization of elements related to Hawkers Crew, particularly Hawkers or any company within the group, for illegitimate or illicit purposes. Prohibited activities include, but are not limited to, the following:

  • (i) Publish, create, or share content that is illicit or for illicit purposes;
  • (ii) Publish, create, or share content that is detrimental to the interests of Hawkers; and
  • (iii)Publish, create, or share content that damages, detriments, or provokes otherwise analogous consequences upon the Hawkers Crew community or any third party;
  • (iv) Develop initiatives in an illegal way, or ones which result in an outcome that goes against legislation; and
  • (v) Failure to comply with what is set forth in the present T&C.

In the circumstance that any of the above listed actions were to occur, Hawkers reserves the right to take the measure they deem appropriate. Furthermore, Hawkers is not accountable for consequences derived from the posts made, created, or shared by the HAWK.

6.- Perks and Benefits for Hawks

6.1 Acquisition of Prizes and Rewards

HAWKS will receive two pairs of glasses of their choosing at the start of each campaign. Also, Hawkers may send additional glasses according to the brand’s promotional strategy.

Through the use of personalized links, HAWKS can receive economic reimbursement at 12% of generated sales. Payments will be made bi-monthly for all sales confirmed and validated within that period. Validation can take up to 60 days.

It is crucial that all fields are filled out correctly on the Awin platform in the “Payment information” section on the “Account” tab, in order for payments to be made through the platform. HAWKS may change this information at any time.

In order to initiate the first payment, the minimum balance in the account must be €25.

HAWKS can also choose to participate in various events and prizes by virtue of their social media and communication media activity.

Hawkers reserves the right to periodically modify prizes, and any HAWKS who wish to obtain accurate and up-to-date information must consult the present T&C. Under no circumstance will modifications made to prizes provided to HAWKS apply retroactively.

Non-monetary prizes will not be able to be exchanged for their monetary value. For their part, rewards granted to HAWKS that a related to trips, collaborations, and/or initiatives of a similar nature, will not include food or travel unless Hawkers explicitly expresses otherwise.

6.2 Tax Obligations

HAWKS are obligated to comply with tax obligations applicable to rewards obtained through Hawkers Crew. In this sense, HAWKS will declare that they are the sole party responsible for their tax payments, and that they exonerate Hawkers from any sort of fiscal responsibility deriving from the rewards and/or prizes that their activity as HAWKS may earn them.

Hawkers is obligated to make quarterly income tax (IRPF) payments for the total of effected transactions in accordance with current legislation. With respect to the aforementioned, HAWKS must provide Hawkers with the necessary information for compliance with this purpose, such as: (i) first name; (ii) last name; (iii) tax ID number/foreign national ID (NIF/NIE); (iv) address; (v) date and place of birth; (vi) country of tax residence. All of this information will be used solely and exclusively for compliance with tax obligations.

7.- Intelectual and Industrial Property Rights

Based on these T&C, Hawkers grants the user a limited, non-transferable, revocable, non-sublicensable, and non-exclusive license for the use of any company names, logotypes, product or service names, commercial brands, or any elements of such nature, all of which belonging to Hawkers Group, when such action is directly related to Hawkers Crew activities. Any use outside the aforementioned elements, will not be covered under the license granted by Hawkers.

Any right not expressly granted will be reserved by Hawkers. In any case, Hawkers’ intellectual and industrial property rights, will remain their own property.

HAWKS agree to transfer all intellectual, industrial, and image rights, or rights of any other category, to the content published on their social media and any communication media used for analogous purposes, that are directly or indirectly related to Hawkers Crew and their activities as a HAWK. This transfer of rights will be universal, irrevocable, royalty-free, and non-exclusive in nature, with power of transfer to third parties, with power of exploitation by all known means up to this date and during the maximum possible time established by law, by the above expressed content. To this effect, the present transfer comprises rights to editing, reproduction, distribution, public communication (including making available) and transformation.

For all this, notwithstanding a possible special agreement of transfer of image rights that Hawkers may sign with the HAWK, which would take precedence over these T&C in such cases where it applies.

In any event, the termination of the present T&C, whether due to noncompliance or the resignation of the user from their condition as HAWK, will not entail the termination of the agreement of transfer of image rights, nor the revocation of the transfer of intellectual, industrial, or any other related type of property rights, to the contents published by the HAWK, related directly or indirectly to Hawkers Crew, up until the moment of termination of the T&C.

8.- Electronic Contracting

In accordance with what has been set forth in Article 33 of Law 34/2002, of July 11th, regarding information enterprise services and electronic commerce, agreements made electronically will have the full intended effects as outlined in the legal regulation, when consent and the other necessary requirements for their validity are present.

In any event, the electronic medium through which the present, electronically concluded T&C appears, will be admissible as documented proof in the case of a dispute between the parties.

In this sense, it will be understood that the following of all steps for effective user registration, necessarily imply the provision of the required consent.

In the same way, in accordance with that which is outlined in Article 27 of Law 34/2002, regarding information enterprise services and electronic commerce, all information related to the agreement involved in becoming part of Hawkers Crew will be made available to users prior to their registration, and only be applicable in the case that the user decides to register themself.

9.- Help Center for Hawks

Hawkers, as the party accountable for Hawkers Crew and in charge of the marketing and sales of the products offered by means of HAWKS, make available a help center service for HAWKS.

To get in contact with the help center, the contact form is available at https://www.hawkersco.com/pages/hawkerscrew

10.- Accountability

The parties pledge to comply with their legal and contractual obligations created by virtue of the present T&C.

The parties will respond to damages and/or infractions in which they have been personally involved, with the opposite party having indemnity in the case of any error, fault, or negligence not attributed to them, and in the case of any detriment to the other party bound by these T&C that were to arise from such actions.

11.- Confidentiality and Data Protection

In accordance with what is established in the applicable regulation on Personal Data Protection, all personal data provided through the use of the Platform, will be processed in compliance with the Privacy Policy [https://www.hawkersco.com/pages/privacy], which each user must expressly accept in order to be able to use and become registered in the system.

12.- Duration and Modifications

Hawkers may terminate the agreement based on these T&C, if it detects unauthorized, or suspected unauthorized use, whether due to noncompliance with the present T&C, or any other objective cause. If Hawkers exercises this capacity, it will not assume any obligation or accountability.

On their part, the user may terminate the present T&C at any moment, by resigning. However, obligations that may remain in effect after the moment of termination will continue binding the two parties in accordance with what has been established in the present document.

In any case, Hawkers recommends that these T&C be periodically consulted, since they may undergo modifications. In the case of carrying out such modifications, they will notify users in advance, allowing them to accept or reject the modifications. It will be considered that any user who continues to perform activities related to Hawkers Crew, has expressly accepted such modifications or updates. Once accepted, the modification and entry into force of the new contract will fully replace the existing conditions between the parties, and be applied to new purchases or reservations made from the date of acceptance of the new conditions.

13.- Safeguard Clause

All clauses and appendixes of the present T&C must be interpreted independently and autonomously, without impacting the rest of the stipulations in the case that one of them has been declared null by a court ruling or form arbitral resolution. The affected clause or clauses will be replaced with others that preserve the desired purposes of these T&C.

14.- Dispute Resolution

Current regulation will determine the laws that may govern and the jurisdiction that may be familiar with the relationships among Hawkers and its users. However, in cases in which current regulation anticipates the possibility that the parties be subjected to a certain jurisdiction, Hawkers and the user, with express withdrawal of any other jurisdiction that may correspond to them, will be subject to Spanish Law and the Courts of the city of Elche.