General Term and Conditions for the LYC APP
LoyaltyCoin AG, Gotthardstrasse 26, 6300 Zug (LYC) enables companies to administer and provide to their customers through the LYC mobile application (LYC APP) loyalty programs, information and other services.
The services of LYC are limited to providing the LYC APP for communication between customer and provider of loyalty programs and the technical administration of loyalty programs. The loyalty programs are provided by and are in the responsibility of the company registered on the LYC APP and LYC is not the counterparty to the user of the loyalty programs and/or bound by related rights and obligations.
The following general terms and conditions govern the legal relationship between LYC and the customer registering on the LYC APP to participate in the loyalty programs offered through the LYC APP (LYC User).
By registering to and using the LYC APP, LYC Users agree to these general terms and conditions.
All rights and obligations arising under these general terms and conditions shall be binding exclusively for LYC and the relevant LYC User.
1. LYC Registration
Persons above 18 years of age are eligible to register with the LYC APP and use the related functions.
The use of the LYC APP requires the registration on the LYC APP (downloadable for free on www.loyaltycoin.ch). Each person may register only once to the LYC APP. Applications require a valid e-mail address. Further information shall be made with the official name and the address corresponding to the domicile communicated to governmental authorities. Phantasy names or pseudonyms are not permitted.
Applications that do not fulfil these requirements or other requests of LYC may be blocked or deleted. LYC User are required to keep their account-information up to date on the LYC APP.
Each registration is personal and cannot be transferred to any third party.
By registering with the LYC APP, the LYC User can participate in and administer the loyalty programs of provider registered with LYC according to the applicable terms and conditions.
Information regarding loyalty programs (including the balance of collected benefits) can be viewed on the LYC APP. All related information on the LYC APP is not binding and, notwithstanding anything to the contrary in this general terms and conditions, the actual information on the collected benefits from the loyalty program disposable on the LYC APP is stored on the servers of relevant provider of the loyalty program.
2. LYC Access Code
Access to the LYC APP shall be secured through a secret access code. The access code shall be only known by the LYC User and shall not be recorded in writing nor provided to third parties. In case of access through third parties to the access code, such third parties may dispose of the loyalty programs of the LYC User (e.g. by transferring or exchanging function on the LYC APP).
In case of suspicion of unauthorized access, the LYC User shall immediately inform LYC. Members can contact the customer service directly at firstname.lastname@example.org.
The use of robots or other automated agents or programs is prohibited.
3. Deletion of the LYC APP
Any LYC User can delete the LYC APP at any time. By deleting the LYC APP the LYC User may not be able to further participate in and use the benefit of the loyalty programs to which he/she is registered through the LYC APP, to the extent nothing to the contrary is stated in the applicable terms and conditions of the relevant loyalty program.
In case of any breach of these terms and conditions or in case of abuse LYC has the right to cancel the use of the LYC APP. The use of the LYC APP may also be blocked or terminated due to inactivity.
4. Transfer and Exchange of Loyalty Points
If and to the extent permitted by the applicable general terms and conditions of the relevant loyalty program, LYC User may transfer loyalty points to other LYC User or exchange loyalty points from a loyalty program with loyalty points of another loyalty program, in accordance with the applicable terms and conditions.
Transfer and exchange transaction may be executed only if the LYC User has a positive balance of loyalty points. Upon the notification of the transfer or exchange transaction through the LYC APP, the provider of the relevant loyalty program will delete the related number of loyalty points of the LYC User and award loyalty points in the same amount to the receiver.
Such transfer or exchange transactions may be effected only through confirmation on the LYC APP by using the specified function. By providing the LYC APP, LYC is not acting as counterparty to such transactions and bears no liability regarding the execution and settlement of the transactions. The transaction is executed between the relevant LYC Users only.
All transactions are final and non-refundable. Once a transaction has been submitted to the LYC APP it may not be cancelled or reversed by the LYC User. Exchange rates displayed on the LYC APP are preliminary and may differ from the finally exchange rate.
LYC is entitled to act on all instructions received by anyone using the LYC APP and is not responsible for any transaction made without authorization or for any damage resulting to a LYC User for such a transaction. LYC reserves the right to review the entitlement of the LYC User to execute the transaction and cancel or reverse any transaction at its discretion.
The information and transfer/exchange opportunities released on the LYC APP are not intended to be advice or solicitation in relation to the transfer or exchange of loyalty points. The LYC APP serves only as information exchange platform for LYC User. LYC does not offer or perform to the benefit of LYC User any advice or other services in relation to the loyalty programs, their benefits as well as the products or services offered by the provider of the loyalty programs. In particular LYC is not acting as broker, intermediary, agent or advisor of the LYC User.
Notwithstanding anything to the contrary in these general terms and conditions, the LYC APP may not be used as means of executing the transfer of cash or similar payment methods.
5. Limitation of Liability
To the extent permitted by law, LYC, its employees, member of the board of directors and other representatives shall not be liable for any damage in relation to the use of the LYC APP, including, but not limited to, simple negligence and accident liability, third parties and direct, indirect orconsequential damage,
LYC reserves the right to amend, limit or terminate at any time the scope and functionalities of the LYC APP and herby excludes any related liability. LYC aims to preserve the functionality and availability of the LYC APP at any time; however, LYC cannot give any related representation or guarantee and shall not be liable for the availability and functionality of the LYC APP.
LYC shall not be liable for any loss or unavailability of the collected benefits of the loyalty programs (e.g. loyalty points or credits), irrespective of such loss or unavailability is caused by LYC, the LYC APP, the provider of loyalty programs or third parties. LYC is not the owner, in possession or the custodian of or otherwise entitled in any of the loyalty points or other benefits of the loyalty programs registered on the LYC APP and LYC shall not be liable for the value or enforceability of or otherwise in relation to such loyalty points or benefits.
In particular LYC shall also not be liable for any damage whatsoever arising from access through third parties and/or their fraudulent use of the LYC APP. LYC shall not replace or compensate for any benefits, that have been redeemed or otherwise used upon theft, unauthorized access or loss (including by transfer or exchange).
LYC is not responsible for the content released on the LYC APP through the provider of loyalty programs and excludes any related liability.
6. Intellectual property and other Rights
LYC and the provider of loyalty programs reserve any intellectual property and other right related to the content and information (including designs, names, pictures and logos) released on the LYC APP. A partial or full copy, transfer, amendment, reproduction, transfer to third parties and/or other use of such content and information without written approval by LYC shall be prohibited.
7.1. Which data do we process?
By registering with the LYC APP a customer profile will be established. The customer profile may include data provided by the LYC User to LYC or collected through the use of the LYC APP, including contact data and purchasing/transactions data.
Contact data include Email address and password and may comprise further information such as name, title, address, date of birth, number of telephone, LYC APP Account information (including date of registration, user name, profile image and language preferences). In addition communication through Telephone, fax, email, voice messages, text messages (SMS), pictures (MMS), video-messages or Instant Messaging content may be processed. The purchase data may include, among other, transaction data related to the loyalty program (e.g. data on collected and redeemed benefits or related transfer or exchanges) data on acquired products and services and use of benefits (including information on type, quantity, and value of the purchased products and services, information on the shopping basket, terminated shopping basket, means of payment, paying agent and purchase history, location and time) acquired or claimed while using the LYC APP. Further technical data such as IP or AMC address, identification number of access device, type of device, time and date of communication and amount of data shall be recorded.
7.2. How do we process your data?
By using the LYC APP, LYC User hereby entitle LYC to collect, save, administer, analyse, transfer, delete and use any collected data. In particular LYC will use the collected data to administer the LYC APP, enhance the services of LYC or third parties (in particular retailer offering their loyalty programs through the LYC APP), for marketing purposes, communication, customer specific offers and to perform market analyses on behalf of LYC or third parties (in particular retailer offering their loyalty programs through the LYC APP). LYC may perform shopping basket analyses to reflect consumer profiles and behaviour for LYC or third parties (in particular retailer offering their loyalty programs through the LYC APP).
Further, LYC User hereby gives the right to LYC to complete the collected data with further information (such as size of household, home ownership, age, level of income etc.). In particular the customer profile will be completed with data that you provide to the provider of loyalty programs registered with the LYC through the use of the LYC APP.
Such data may be used or evaluated for marketing, communication or advertising purposes for LYC or third parties. Thereby LYC may create target groups comprising of LYC User with similar customer or purchase data. Advertising, offers and services by LYC or third parties may be customized to the customer profile of the LYC User. Further, data may be used for contacting LYC User.
7.3. Organisational and Technical measures
The data related to customer profiles are protected by LYC from access and unlawful processing by unauthorised parties through technical and organisational measures. Complete data are only accessible to a restricted number of persons and can be disclosed to third parties upon submitting a power of attorney or in relation to a governmental investigation.
7.4. Opting out and Information Rights
LYC User may submit a request of information or correction and supplement related to the own processed data according to Art. 8 DPL. For security reasons, such requests may be submitted only in written form together with a copy of a valid ID/passport. Any request must be submitted in writing to the following address: email@example.com.
7.5. Transfer of Data
Data related to the customer profile may be transferred within LYC, to its subsidiaries or to selected partners for advertising, market analysis purposes or further processing according to the purposes set forth under section 7.2. Further, such data may be transferred to third party service providers in Switzerland or abroad. LYC shall comply with applicable data protection laws.
7.6. Obligation of Data Retention and Data Deletion
Data will be retained as long as deemed required by law or required to fulfil their purpose.
A LYC User may refuse the processing of his/her personal data or may require the deletion of its data at any time, provided that the LYC User may no longer be able to use the LYC APP and its functionalities in which case accrued loyalty points and other benefits may be lost or cancelled without compensation. In this case, the related data shall be retained until the mandatory legal retention period in anonymised form.
7.7. Controller/owner of data collection
LoyaltyCoin AG, Gotthardstrasse 26, 6300 Zug is the owner/controller of the data collection.
8. Amendements or Termination
LYC may amend or terminate the LYC APP at any time. Further LYC cannot guarantee the availability of the loyalty programs registered on the LYC APP. Such loyalty programs may be adapted or terminated (including the validity of the loyalty points and other benefits).
9. Final Provision
The currently valid general terms and conditions can be downloaded at any time under www.loyaltycoin.ch/lyc/termsLYC-en.html. By registering to and using the LYC APP, Members agree to the general terms and conditions in force at any given time.In case of discrepancies between the German and English version of this general terms and conditions the German version shall be binding. These General Terms and Conditions and any related matters shall be governed exclusively by Swiss substantive law. Fulfillment place and jurisdiction shall be exclusively Zurich, Venue 1.