Terms and Conditions of Fragmatic B.V.

Version: 27 October 2025
Company: Fragmatic B.V.
Address: Atoomweg 50, 3542 AB Utrecht, The Netherlands
Company Registration (KvK): 96538902
VAT Number: NL867652664B01
Email: info@fragmatic.nl
Director: Evelien Mulder

1. General and Definitions

These Terms and Conditions (“Terms”) apply to all products and services provided by Fragmatic B.V. (“Fragmatic™”, “we”, “us”, “our”), including but not limited to:

• the intelligent fragrance vending machines and the associated digital infrastructure;

• the use of Fragmatic™’s website(s) and software platforms;

• participation in promotions or campaigns through Pay per Spray™, Opt-in Spray™, and Connect-to-Spray™.

By using our services, you agree to these Terms and acknowledge that you have read and understood our Privacy Policy, Cookie Policy, and Legal Notice as set out herein.

2. Description of Services

2.1 Pay per Spray™

With Pay per Spray™, users can purchase a single fragrance spray via a secure electronic payment.
Fragmatic™ only processes the data necessary to complete and confirm the transaction.
Fragmatic™ does not store credit card details.

2.2 Opt-in Spray™

With Opt-in Spray™, users receive a free spray by registering their name and email address and providing consent to receive promotional messages from Fragmatic™ and selected brand partners in the categories of fragrance, beauty, and personal care.

2.3 Connect-to-Spray™

With Connect-to-Spray™, users connect to the vending machine via an existing identifier, such as a loyalty card, room number, access pass, or another identifier linked to the venue hosting the machine.
By connecting via this option:

• you give the venue explicit permission to share your name and email address with Fragmatic B.V.;

• you consent to Fragmatic™ processing your data and contacting you with promotional messages from Fragmatic™ and selected brand partners in the categories of fragrance, beauty, and personal care.
  
  

3. Disclaimer and Liability

Fragmatic B.V. supplies and operates intelligent fragrance vending machines and the related software platform.
We do not manufacture, alter, or represent any of the products offered through our vending machines.
All fragrances and branded products are 100% authentic and sourced through verified channels. Proof of authenticity and purchase can be provided upon request.

All trademarks and brand names remain the exclusive property of their respective owners and are displayed for reference purposes only.

Fragmatic B.V. shall not be liable for:

• allergic reactions, product defects, or damage resulting from the use of the products;

• vending machine malfunctions or defects;

• any form of consequential or incidental damage, including personal injury, inconvenience, or indirect financial loss.

Our total liability is limited to the amount paid for the relevant transaction, unless caused by wilful misconduct or gross negligence.

4. Intellectual Property

All intellectual property rights related to the products, software, trademarks, concepts, designs, slogans, workflows, interfaces, data architecture, and any other creations developed or used by or on behalf of Fragmatic B.V. are the exclusive property of Fragmatic B.V.

This includes, but is not limited to:
Fragmatic™, Pay per Spray™, Opt-in Spray™, Connect-to-Spray™, Fragrance Journey™, and Music Never Smelled So Good™.

These names, technologies, software models, and unique data connections between user interactions (such as spray data and personal identifiers) are protected under the UK Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994, and the Database Regulations 1997.

4.1 Use Without Permission

It is strictly prohibited for third parties, without prior written consent from Fragmatic B.V., to:

• use the above-mentioned trademarks or designations;

• copy, modify, reproduce, publish, or utilise (parts of) the software, models, workflows, or data connections;

• create any product, service, or platform that bears a confusing similarity to the services or technology of Fragmatic™.
  
  

4.2 Infringement and Legal Action

Fragmatic B.V. considers any infringement of its intellectual property rights to be a serious violation.
Upon discovery, Fragmatic B.V. will take immediate legal action, including:

• issuing a formal notice and claiming damages;

• demanding the transfer of profits made through infringement;

• pursuing civil and/or criminal proceedings under the Trade Marks Act 1994, Copyright, Designs and Patents Act 1988, and relevant UK law;

• claiming damages and recovery of legal costs before the competent court in the United Kingdom or the Netherlands.
  
  

Fragmatic™ reserves the right to request the removal of infringing material or technology and to seek compensation for direct and indirect losses, reputational harm, and lost revenue.

All rights reserved.
No part of these Terms, the software, or related systems may be reproduced, distributed, or used without the prior written consent of Fragmatic B.V.
Any unauthorised use will result in civil and, where applicable, criminal proceedings.

5. Privacy Policy

5.1 Data Controller

Fragmatic B.V., located at Atoomweg 50, 3542 AB Utrecht, The Netherlands, acts as the Data Controller in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

5.2 Data We Collect

Depending on your interaction with our services, we may collect:

• Name and email address

• Fragrance sprayed

• Fragrance Journey™ linked to your email

• Machine location or campaign ID (for analytics)

• Connect-to-Spray™ data (e.g. loyalty card ID, room number, or access pass)

• IP address and consent timestamp

• Payment confirmation (for Pay per Spray™)
  
  

Fragmatic™ does not store credit card details.

5.3 Purpose of Processing

We process your personal data for the following purposes:

• Contract performance or transaction fulfilment (Art. 6(1)(b) UK GDPR)

• Marketing and promotional messages with consent (Art. 6(1)(a) UK GDPR)

• Displaying your Fragrance Journey™ (Art. 6(1)(a) UK GDPR)

• Service improvement and analytics (Art. 6(1)(f) UK GDPR)

• Compliance with legal and tax obligations (Art. 6(1)(c) UK GDPR)

• Connect-to-Spray™: linking with the venue and processing consent to receive promotional messages from Fragmatic™ and selected partners.
  
  

5.4 Data Sharing

We share personal data only with:

• IT and hosting providers;

• email and marketing service providers;

• selected brand partners in the categories of fragrance, beauty, and personal care.

All third parties are bound by Data Processing Agreements (DPAs) in compliance with Article 28 of the UK GDPR.
International data transfers occur only under UK Standard Contractual Clauses (SCCs) or adequacy decisions issued by the UK Government.

5.5 Data Retention

• Marketing data: up to 24 months after last contact or until consent is withdrawn.

• Transaction data: 7 years (legal retention obligation).

• Anonymised analytics data: indefinitely permissible.
  
  

5.6 Your Rights

You have the right to access, rectify, delete, restrict, transfer, or withdraw consent regarding your data.
You can contact us at info@fragmatic.nl or use the unsubscribe link in our emails.
If you believe your data rights have been violated, you may contact the UK Information Commissioner’s Office (ICO).

6. Cookie Policy

Fragmatic™ uses cookies and similar technologies to ensure the proper functioning of our website, measure performance, and — with your consent — display personalised offers.

Categories:

• Essential: required for core website functionality.

• Analytics: helps us improve performance.

• Functional: remembers user preferences.

• Marketing: personalises offers.

You can manage or withdraw your cookie preferences at any time via the Cookie Settings link at the bottom of our website.
Cookies are retained for a maximum of 13 months.

7. Legal Notice

Fragmatic B.V.
Atoomweg 50, 3542 AB Utrecht, The Netherlands
Company Reg. No.: 96538902
VAT: NL867652664B01
Email: info@fragmatic.nl
Director: Evelien Mulder

Fragmatic B.V. complies with the consumer protection, data protection, and electronic communications laws of the United Kingdom, the Netherlands, and the European Union.

8. Preferences and Consent

By registering or using any of our services, you grant Fragmatic B.V. permission to process your personal data in accordance with this policy, including receiving promotional messages.
You may withdraw your consent at any time by using the unsubscribe link in our emails or by contacting info@fragmatic.nl.

9. Acceptance

[✔️] I have read and agree to the Terms and Conditions.
By ticking this box, I confirm that I have read and understood the Terms and Conditions, Privacy Policy, Cookie Policy, Legal Notice, and the processing of my personal data as described in this document.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at info@fragmatic.nl or contact us at Atoomweg 50, Utrecht, 3542 AB, NL For the purpose of applicable data protection laws, we are the data controller of your personal information.

Onder de Algemene Verordening Gegevensbescherming (AVG/GDPR) heeft u het recht om te verzoeken om verwijdering van uw persoonsgegevens.

Om uw recht om vergeten te worden uit te oefenen, kunt u een e-mail sturen naar:

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