Effective on 13 September 2019

1. BACKGROUND

At Phew Foods Limited (“Phew Foods”, “we”, “us”) we are committed to protecting your personal information. We also aim at transparency, we want you to know what data we collect about you and how it is used and shared. Please be aware that, whilst we make our best efforts to keep your personal information safe, no Website can be completely secure.

Phew Foods Limited is also devoted to offering you delicious vegan food and drinks (Service).

The following Privacy Policy (“Privacy Policy”) relates to our use of any personal information regarding you that we collect and process via our website, App or other digital network (“Website”) or any other personal information you provide us in person, via email, telephone, text message, or other means in connection with the provision of our Service.

To learn more about your rights to privacy and data protection, we recommend you visit the Information Commissioner’ Office (“ICO”) Website at https://ico.org.uk/.

1. KEY TERMS

To help you understand the content of our Privacy Policy we have summarised some key terms:

Data Controller means the individual or organisation that, alone or jointly with others, exercises overall control over how personal data is processed and the purposes of such treatment.

Communication Methods means email, telephone, notices posted on our Website, or any other communication methods.

Personal Data means data which relates to a living individual who can be identified from such data, or from data and other information which is in the possession of, or is likely to come into the possession of, the Data Controller.

Processing means obtaining, recording or holding data or carrying out any operation in relation to Personal Data.

Third-Party Websites means websites owned and operated by third parties.

1. DATA CONTROLLER

Phew Foods Limited is a Data Controller. We are responsible for the processing of your personal data in connection with your use of our Website and of the Service.

We are based and operate within the United Kingdom. Our company registration number is 11185436 and our registered office is at 50 Crofton Road, London, United Kingdom, SE5 8NB.

If you have any queries regarding our use of your personal data, please contact us at [email protected]

1. LEGAL BASIS FOR PROCESSING

We have a legitimate interest in processing your Personal Data. Our legitimate interest includes our commercial interest in offering and providing our services to you.

Furthermore, we may process your Personal Data on the basis that: (i) you have consented to such processing; and/or (ii) it is necessary for the entry into, or performance of, a contract or in order to take steps at your request prior to the entry into a contract.

1. INFORMATION WE COLLECT ABOUT YOU

We log your visits and your usage data when you visit our Website. In particular, we use internet protocol (“IP”) addresses, cookies and similar technologies (e.g., web beacons, pixels, ad tags and device identifiers) to identify you or your device. Please read our Cookies Policy to learn more about how we use cookies and similar tracking technologies and how to opt-out.

We receive data from your devices and networks, including location data. When you visit or leave our Website, we receive the URL of both the Website you came from and the one you go to next. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our Website from a mobile device, that device will send us data about your location. Most devices allow you to prevent location data from being sent to us and we respect your settings.

1. HOW WE USE YOUR PERSONAL DATA

We may use your Personal Data to give you access to our Website and in particular to:

• provide you with information about our Service;
• contact you through any Communication Method about our Service, provided that you have previously consented to us contacting you;
• produce aggregate insights that do not identify you;
• investigate, respond to and resolve complaints and service issues.

Furthermore, we may collect the following Personal Data:

• UPON REGISTRATION ON OUR WEBSITE – your name, your contact details, your email address, your date of birth, and your current address;  and
• PROCESSING ONLINE PAYMENTS – the name of the card owner, the card details and the billing address.

1. RECIPIENTS OF YOUR DATA

To provide and develop our Website, we may share your Personal Data with: our subsidiaries, as defined by section 1162 of the Company Act 2006 as amended, extended or re-enacted from time to time, provided that our subsidiaries will be subject to the same terms of this Privacy Policy; and third parties for maintenance, analysis, audit, payments, marketing and development.

Third parties will only have access to and use your Personal Data as reasonably necessary to perform these tasks on our behalf and they will be bound to non-disclosure obligations and to the terms of this Privacy Policy.

We may have to disclose your Personal Data if it is reasonably necessary to: (i) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (ii) investigate and defend ourselves against any third-party claims or allegations; and (iii) protect the security or integrity of our services.

We will attempt to notify you about legal demands for your Personal Data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

We may share your Personal Data as part of a sale, merger or change in control, or in preparation for any of these events.

Any other entity which buys Phew Foods or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy.

1. DATA RETENTION

We will normally keep your Personal Data for as long as it is necessary to provide you with access to our Website and/or Service and in any case for a maximum of 3 months from the first collection of your Personal Data.

1. CROSS-BORDER DATA TRANSFERS

We do not transfer, store or process your Personal Data at destinations outside the European Economic Area (“EEA”).

1. CHANGE TO THIS PRIVACY POLICY

As we are committed to constantly improving our Service, we may change the selection of data and the way we process it.

We reserve the right to change or adapt this Privacy Policy from time to time. Please check our Website to have access to the latest version, as your continued use of our Website and/or Service following any changes will be deemed to be your acceptance of such changes.

1. THIRD-PARTY ADVERTISERS

We do not share your Personal Data with any third-party advertisers or ad networks.

1. MARKETING

We do not send you marketing communications unless you have opted-in to receive marketing communications.

To change your marketing references, you may also email us at [email protected].

1. SECURITY

We implement a number of security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

1. YOUR RIGHTS

RIGHT OF ACCESS

We offer you access to the Personal Data we hold about you. Please be aware that the purpose of an access request is to give you the opportunity to confirm the accuracy of Personal Data we are holding about you, the lawfulness of our processing and to allow you to exercise the rights you have in relation to the use of your Personal Data.

We reserve the right to reject manifestly unfounded (e.g. made for other, non-data protection purposes) or excessive requests.

To have access to the Personal Data we store about you, please contact us at: [email protected].

RIGHT TO WITHDRAW CONSENT

Please be aware that, if you have given us consent to process your Personal Data for the purposes detailed in this Privacy Policy, you can always change your mind and withdraw your consent by contacting us at: [email protected].

In order to process your requests, we may ask you to send us a copy of two forms of identification (such as a passport, driving license, birth certificate, bank statement, or utility bills).

FURTHER RIGHTS

You also have the right to lodge a complaint about our processing of your Personal Data and/or our handling of your complaints to ICO or the appropriate data protection authority if you reside outside the United Kingdom.

To learn more about your rights please visit ICO’s Website at https://ico.org.uk/.

WEBSITE TERMS OF USE

Effective on 13th of September 2019

These are Phew Foods’ terms and conditions (Website Terms of Use) for the use of our digital network, which you may access in several ways, including but not limited to our website as available from time to time. In particular, the website shall mean the digital information network operated by or on behalf of Phew Foods or its parent companies, subsidiaries and affiliates, regardless of how you access the network, as well as any Phew Foods apps (Website).

The Website Terms of Use, together with the Privacy Policy and Cookie Policy, (the Terms) govern your use of the Website, whether as a guest or as a registered user. Use of our Website includes accessing, browsing, or registering to use our Website.

By using our Website, you confirm that you accept the Terms and that you agree to comply with them.

1. 1. INFORMATION ABOUT US AND HOW TO CONTACT US
      1. We are Phew Foods Limited, a company registered in England and Wales. Our company registration number is 11185436 and our registered office is at 145 City Road, London, EC1V 1AZ  (Phew Foods).
      2. You can contact us at [email protected]
   2. INTELLECTUAL PROPERTY RIGHTS
      1. For the purpose of the Website Terms of Use, intellectual property rights are patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade-marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (IPRs).
      2. You acknowledge that, except for duly licensed content, Phew Foods is the sole owner of all IPRs in the Website and all such rights are reserved.
      3. We have proprietary rights in the trademark “ATIS”. You may not use “ATIS” or other marks that are the same or similar to “ATIS” graphics, logos, page headers, button icons, scripts, and service names in connection with any product or service that is not Phew Foods’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Phew Foods.
      4. Except as expressly authorised in this Website Terms of Use, you shall not, with regards to any content accessible from the Website or through our service, do any of the acts restricted by copyright, as defined in the Copyright, Designs and Patents Act 1988 (CDPA), as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time under the CDPA, unless previously authorised in writing by us.
   3. ACCEPTABLE USE
      1. Your use of the Website is for your own personal and non-commercial use only.
      2. You may print extracts from the Website for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any content available from or through the Website for any other purpose without our prior written approval.
      3. You are not allowed to create a database in electronic or paper form comprising all or part of the material appearing or underlying the Site.
   4. PROHIBITED USE
      1. You agree and undertake not to misuse the Website for example, by accessing or interfering with it or using a method other than the interface and the instructions that we provide. In particular, you may not do any of the following while accessing or using the Website:
         • store, distribute or transmit anything through the Website or service that is unlawful, dishonest, fraudulent, libellous, harmful, defamatory, obscene, harassing or racially or ethnically offensive, discriminatory based on gender, religious belief, race, sexual orientation; or in any way breaches the law, statute, regulation standards, or codes of practise of any relevant authority;
         • use the Site or service in a way that infringes any copyright, trademark or other proprietary rights, irrespective of whether the relevant right belongs to Phew Foods or to a third party;
         • access, tamper with, or use non-public areas of the Website, of Phew Foods’s computer systems, or the technical delivery systems of Phew Foods’s providers;
         • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
         • damage or alter the Website, or any other system, communication network, device or property;
         • interfere with, disrupt or attempt to gain unauthorised access to the servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
         • access or search or attempt to access or search our Website by automated means or otherwise. Crawling and scraping the Website is expressly prohibited;
         • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
         • interfere with, or disrupt, or attempt to do so, the access of any account owner, host or network; and
         • attempt to disassemble, reverse engineer or reserve compile or otherwise reduce to a human-perceivable form any of the Website.
   5. TERMINATION
      1. If, for any reason, we believe that you have not complied with the Website Terms of Use, we may, at our sole discretion, cancel your access to the registration areas of the Website and/or your account with us immediately and without prior notice.
   6. LINKING TO OTHER WEBSITES
      1. For your information and convenience only, the Website may contain hyperlinks to third-party websites. Phew Foods has no control over and does not endorse any content or services displayed, contained or related to those third-party websites. We make no warranties or representations, express or implied, about third-party websites or any content, products, material or services contained, displayed or related to them.
      2. If you decide to access any third-party websites and make use of the information contained on them or to enter into any contract for the supply of goods or services from such third party, you do so entirely at your own risk. We accept no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such third-parties websites.
   7. CHANGES TO OUR WEBSITE

We reserve the right to update, change or remove the Website or any part of it at our discretion and without notice. You acknowledge that we shall not be liable to you for any such changes or removal.

1. 1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Phew Foods, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach of your obligations, representation and warranties under the Website Terms of Use, including (when and if applicable) but not limited to, any breach originated or derived by a user of your account.

1. 1. DISCLAIMERS
      1. You acknowledge and agree that your use of the Website is at your own sole risk.
      2. The Website is provided “as is” and “as available”.
      3. We limit our warranties to the fullest extent available under applicable law.
      4. Phew Foods does not warrant or guarantee that access to the Website will be uninterrupted or error-free.
      5. Notwithstanding paragraphs 10.1-10.4, to the fullest extent permitted under applicable law, we disclaim our liability in relation to:
         • any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website; and
         • any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose.
      6. In some instances, content made available on the Website may represent the opinions and judgments of users or third-parties. Phew Foods does not endorse nor shall it be responsible or liable for the accuracy or reliability of any statement made on the Website.
      7. This disclaimer of liability applies to any damages or injuries caused by the Website, including, without limitation, those damages or injuries occurring, whether for breach of contract, tort, negligence, defamation, or any other cause of action, as a result of:
         • any error, omission, deletion, or defect in the content available on the Website; or
         • any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data.
   2. LIABILITY
      1. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL PHEW FOODS OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNEES, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (LOSS) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE.
      2. NOTWITHSTANDING CLAUSE 11.1 ABOVE, PHEW FOODS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR: (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE.
      3. THE EXCLUSION OF LIABILITY IN THIS CLAUSE 11 APPLIES EVEN IF PHEW FOODS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
      4. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, PHEW FOODS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING PHEW FOODS’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
      5. NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR IN ANY WAY LIMIT PHEW FOODS’S LIABILITY FOR FRAUD, DEATH, AND PERSONAL INJURY ARISING OUT OF ITS NEGLIGENCE.
   3. CHANGES TO THE TERMS

Please note that we may change the Terms from time to time at our sole discretion. Any revised terms and conditions will be applicable at the time of posting on the Website. Please ensure that you review the Terms regularly as your continued use of the Website following any changes will be deemed to be your acceptance of such change.

1. 1. MISCELLANEOUS
      1. Nothing in the Terms is intended to confer on a person any right to enforce any term of the Terms which that person would not have but for the Rights of Third Parties as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time under the Act. The parties may by agreement extinguish or vary any of the provisions in this Terms without the consent of any third party and section 2 (l) of the Rights of Third Parties shall not apply.
      2. Except for fraud or fraudulent representation by either party, the Terms contains the entire agreement and understanding between the parties relating to the subject matter hereof and supersedes all prior and/or contemporary agreements, arrangements, statements and understandings, whether oral or written, relating to the subject matter of this Terms.
      3. If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
      4. If any provision or part-provision of the Terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
      5. Any delay in or failure by Phew Foods in performance of the terms of this Terms shall be excused if and to the extent such delay or failure is caused by occurrences beyond the control of the affected party including, but not limited to, decrees or restraints of Government, acts of God, strikes, work stoppage or other labour disturbances, war or sabotage (each being a Force Majeure Event). Phew Foods will promptly notify the other party upon becoming aware that any Force Majeure Event has occurred or is likely to occur and will use its best efforts to minimise any resulting delay in or interference with the performance of its obligations under the Terms.
      6. Failure or neglect by us to enforce at any time any of the terms of this Terms will not be construed nor will it be deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of this Terms nor prejudice our rights to take subsequent action. No waiver will be effective unless made in writing.
      7. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Terms or its subject matter or formation.
      8. The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Effective of 8th of April 2024 – For any questions please contact [email protected]

What has changed? 

We’ve updated our loyalty program to make it a little easier for you to climb tiers, access rewards and get more value from the atis loyalty program.

With this we have removed the use of vouchers for free bowls (these are now a reward you will earn with every 100 points you earn) alongside integrating more rewards such as monetary discounts and premiums which you will earn as you climb the tiers.

Any vouchers that remain on your account after the 8th or April will be able to be redeemed for up to 6 months after the change over.

For our full tier structure please visit our page dedicated to loyalty on our website.

Expiry of Tiers 

Every calendar year we will reset the reward programme and refresh the tiers. This means at the start of every year on January 1st, your tier status will be reset to bronze and you will begin the tier journey again! You will receive email notifications if you are subscribed to our marketing emails to remind you of this throughout the year.

Redeeming Rewards

Your active rewards will sit in your contact dashboard. These rewards can only be redeemed by the customer who owns the contact dashboard account. Any rewards not redeemed by the end of the calendar year will be removed as well as the tier resetting to bronze. You will continue to receive lifetime points despite moving tiers. Again, you will receive email notifications to remind you to use your rewards if you are subscribed to our marketing emails to remind you of this throughout the year. 

Please note that some rewards will only be available in-store and cannot be redeemed via Storekit. Loyalty is also not available on Deliveroo. By enrolling in our program you accept and acknowledge the above terms and conditions.

General Info

Some rewards cannot be combined and redeemed. For example you cannot claim 15% off and 2 x points in certain tiers at the same time.

By creating an atis loyalty account you are able to track your points, rewards and manage relations directly with atis.

Within your account you will be able to access your loyalty pass and unique QR code as well as update your account settings and personal information. Please be aware the functionality of accounts may change from time to time in accordance with internal atis updates.  To access your account you will need a secure internet connection.

To be eligible for an atis account you must be 18+, agreed to the T’s + C’s in this policy, be located in the UK and only obtain one account per person. To delete your account please contact [email protected].

Atis reserved the right to cancel a customer’s account for breach or accounts that are inactive for a certain period of time.

Atis’s allergen information can be found here. 

Liability

1. Nothing in these Loyalty Ts&Cs limits: (i) our liability where it would be unlawful to do so; or (ii) your consumer rights. Our liability is limited in accordance with clause of our website Ts&Cs.
2. Our website and customer accounts are provided on an ‘as-is’ basis and we give no promise that they will meet a particular standard, be error free, be uninterrupted or available at all times.
3. The services available through our customer accounts and loyalty scheme are at all times subject to local and offline conditions such as operating times and stock availability of our stores.