Effective as from: 15 May 2016
Profity is a scheme run by the Swiss company adfocus GmbH based in Zug (hereinafter
referred to as "adfocus”).
Profity is a network of on-line shops and other e commerce companies in Switzerland (hereinafter referred to as the
"Partner shops") who offer their customers vouchers for shopping at other partner shops as a
thank-you. These
General Terms of Business set out the rights and obligations of Partner shop customers and provide
them with
information on data protection.
- 1. Profity vouchers
- 1.1 Customers who are pointed by Partner shops in the direction of Profity in order to claim vouchers can choose
from the vouchers available for making purchases in other partner shops, on the Profity website (hereinafter
referred to as the “Website”) and choose one single voucher. Individual vouchers are subject to
their published
terms and conditions, for example relating to usage or time limitations.
- 1.2 Customers who request a voucher on the Website, or who access other areas of the Website, must be natural
persons with full legal capacity who are at least 18 years of age and resident in Switzerland. Vouchers may not
be redeemed in cash nor returned. Vouchers may not be transferred to a third party.
- 1.3 Customers who request a voucher on the Website must give a valid email address. These email addresses are
used, in particular, for sending those customers the vouchers they have requested. At the same time, these
customers sign up for the respective Partner shop’s email newsletter, unless they have specifically refused the
newsletter invitation. Customers who have signed up for a newsletter have the opportunity to cancel each time
they receive a newsletter.
- 1.4 Customers who access the Website can also sign up for other newsletters such as the Profity newsletter.
Customers who have signed up for a newsletter have the opportunity to cancel each time they receive a
newsletter.
- 1.5 Signing up for e-mail newsletters on the Website can be linked to prize competitions. Participation in these
prize competitions is solely on the basis of a complete newsletter application and shall be subject to the terms
and conditions published for each individual prize competition. Participation is dependent on making a purchase
from Partner shops but is also possible by email to info@adfocus.ch indicating one’s surname, first name and
email address. Winners will be drawn after the closing date and informed personally. No legal recourse is
available for these prize competitions and no correspondence will be entered into.
- 1.6 Customers who access the Website can recommend Profity to their friends by email or other communication
channels available on the Website, so they can also request vouchers. Customers may only give details of their
friends, for example their email address, when they have their express permission to do so.
- 1.7 Customers receive the vouchers they have requested in the form of codes that can be used as redeemable
vouchers at the Partner shop in question. This shall, in addition, be subject to the Conditions for Redeeming
Vouchers set out in the General Terms of Business and other terms and conditions of the individual Partner shop.
- 2. Data protection at Profity
- 2.1 • Profity is subject to Swiss data protection law. In particular, adfocus collects the data that Partner
shop clients enter on the Website, for example when requesting vouchers. These data may include, but are not
limited to, names, email addresses, details for signing up to newsletters and for emails to friends. When
accessing the Website, this data includes additional items such as date and time stamps, Internet Protocol (IP)
addresses used, information on the operating systems and browsers used, as well as any available location
information.
- 2.2 Under the Profity scheme, adfocus may exchange all data collected with Partner shops, in particular also
data relating to signing up for email newsletters as well as for requesting and redeeming vouchers.
When
vouchers are redeemed by ordering from Partner shops, details especially as to the items ordered, the order
number, invoice value and the email address used, are shared.
- 2.3 In the course of the exercising or transfer of rights and obligations under these General Terms of Business
as well as in connection with Profity, adfocus is authorised to transmit, or to authorise the transmission of
data collected to contractors, such as providers for the sending of email newsletters. If any data is processed
abroad then adfocus takes the appropriate measures to ensure that data protection is of a standard equivalent to
that of Switzerland.
- 2.4 The Website uses cookies, i.e. usually small text files which are temporarily or permanently stored on their
computers when customers use the website. The purpose of these cookies is to analyse the use of the Website for
statistical evaluation as well as for continuous improvement. Customers who access the Website can, at any time,
partially or totally deactivate cookies in their browser settings. If the cookies are deactivated, then not all
functions of the Website can be used.
- 2.5 When analysing the use of the Website for statistical evaluation as well as for continuous improvement,
adfocus uses the analytics and double-click services of the US corporation Google Inc. (hereinafter “Google”).
In doing so cookies, IP addresses and other data relating to customers who access the Website, are transmitted
to Google. Google has undertaken to ensure data protection standards on the transmission of personal data that
are comparable to the EU and therefore Switzerland. Furthermore, the use of Google Analytics and double-click
services is subject to a
data protection
declaration
and the further
information published by Google in relation to data protection.
- 2.6 Facebook and other social media may also be incorporated into the Website. The incorporation of such social
media is subject to the data protection information published by them, for example information from
Facebook.
- 2.7 adfocus deals with data protection issues via info@adfocus.ch
- 3. Supplementary Profity terms and conditions
- 3.1 Accessing the Website using incorrect , forged or incomplete data such as fake or temporary email addresses,
or via registration services, scripts and similar means such as technical manipulations, is prohibited. People
who access the Website using such data or resources shall be fully liable for any resultant direct or indirect
losses suffered by adfocus and may be denied further access to the Website.
- 3.2 Any liability of adfocus for direct or indirect losses in connection with Profity is expressly and
completely excluded except for mandatory legal provisions. In particular, adfocus shall not be liable for the
temporary or permanent, partial or total non-availability of the Website or the offers, in particular also for
vouchers from Partner shops. adfocus may discontinue the Profity scheme at any time without giving reasons.
- 3.3 These General Terms of Business may be altered at any time without giving reasons. If any
individual
provisions of these General Terms of Business are null and void, the validity of the others provisions of these
General Terms of Business shall not be affected by this. A provision that is null and void must be replaced by a
legally valid provision that comes closest to the primary economic purpose.
- 3.4 These General Terms of Business and access to the Website shall be subject– without prejudice to any
mandatory legal provisions – exclusively and entirely to Swiss substantive law. The exclusive place of
jurisdiction - without prejudice to any mandatory legal provisions - shall be Zug.