Terms of use "Bonus-Club"

Valid as of: 20.03.2024

1. Introduction

1.1 The Membership of the Bonus-Club "Stern Apotheke", offered by Sternapotheke Mag. pharm. Veronique Wolfram e. U., Bahnhofstraße 11, 4600 Wels, AT ("Operator"), is a customer retention and loyalty reward programme. By making purchases, participants collect bonus points and benefit from additional advantages.

2. The Bonus-Club

2.1 Validity of the terms of use

These terms of use ("Terms of use") are the sole basis for the legal relationship between the operator and each participant in the Bonus-Club and apply between the operator and each participant. Deviating regulations are not recognised by the operator and may have to be agreed in writing in order to be valid. However, they are not part of these terms of use. The terms of use are published in the Bonus-Club system and can be accessed via a link provided for saving and printing. The contract is currently concluded exclusively in German and English, with communication taking place in German.

2.2 Responsible operator

The Bonus-Club "Stern Apotheke" operator is the following company: Sternapotheke Mag. pharm. Veronique Wolfram e. U., Bahnhofstraße 11, 4600 Wels, AT. This company is also the contractual partner of the participant.

3. Participation

3.1 Eligibility for participation

Participation in the Bonus-Club is free of charge for the participant. Any natural person who has reached the age of 16 and has their main place of residence in a country of the European Economic Area or Switzerland is eligible to participate. There is no legal entitlement to participate in the Bonus-Club. In these terms of use, the term "Participant" refers to persons whose application has been approved and who participate in the Bonus-Club.

3.2 Membership number

Each participant is assigned an individual membership number, which is visible in the Bonus-Club software and displayed in the user profile.

3.3 Beginning of participation

3.3.1 In order to participate in the Bonus-Club, the participant must register with the operator. This registration can be done directly via the Bonus-Club software.

3.3.2 When registering, the participant expressly declares his/her agreement with the terms of use. To do so, the participant must explicitly agree to the terms of use by ticking a "checkbox" in the registration form.

3.3.3 Registrations are checked for completeness and plausibility. Following a positive review of the registration, the participant will be given a personal member area with corresponding access. Confirmation of successful registration leads to the conclusion of a contract with the participant.

3.3.4 Each person may only open or maintain one personal member area. If several member areas exist for one person, the operator reserves the right to remove duplicates. In this case, the personal member areas, including bonus points and existing bonuses such as vouchers, will be merged, with the older member area being deactivated. The Operator shall inform the Participant of this merging electronically, provided the Participant's consent has been obtained.

3.4 Misuse

The participant is responsible for ensuring that no third party gains access to their Bonus-Club member area in order to prevent misuse. Should the participant become aware of possible misuse, they can have their access blocked by contacting the operator. In this case, a new login will be provided free of charge and immediately in order to continue participating in the Bonus-Club. The operator is not liable for theft, loss or unauthorised use of the Bonus-Club access or for damages incurred by the participant if the participant is not notified appropriately immediately after becoming aware of this and the operator takes appropriate measures (e.g. blocking).

3.5 Presence of misuse

Abuse of the Bonus-Club is deemed to have occurred in the following cases in particular:

- Use of the Bonus Club by persons who have not reached the age of 16.

- Selling or transferring accumulated bonus points or other bonuses to unauthorised persons, including persons whose participation in the Bonus-Club has been rejected or terminated by the operator.

In the event of misuse for which the participant is responsible, all bonus points and bonuses collected as a result of the misuse will be cancelled and participation in the Bonus-Club will be terminated with immediate effect in accordance with point 5.2. of these terms of use.

3.6 Personal data of the participant & changes

If the details provided by the participant in their application change, the participant is obliged to inform the operator of these changes in order to maintain the possibility of communication between the operator and the participant. These changes can either be made directly in the personal member area of the Bonus-Club or alternatively communicated by e-mail to the operator of the Bonus-Club (apotheke@sternapotheke.at).

4. Scope of services

4.1 General

4.1.1 By using the Bonus-Club, the participant can collect bonus points when purchasing products or services. These accumulated bonus points can later be redeemed to receive various special offers. Additional advantage offers, discounts, vouchers etc. can also be acquired in other ways, e.g. by taking part in competitions, surveys, checking in at a branch or by recommending the Bonus-Club and having this invitation accepted by other people. Participants are generally not entitled to bonus points or special offers unless this is expressly promised to the participant. It is at the discretion of the operator to decide for which products or services bonus points are granted and for which advantage offers can be redeemed.

4.1.2 Bonus points and advantage offers are not transferable either for a fee or free of charge and cannot be paid out in cash. They may only be used for the purposes specified by the operator. Any brokering of bonus points or special offers is prohibited. Any violation of these prohibitions shall be considered abuse and shall entitle the operator to cancel the bonus points and/or special offers concerned and to terminate participation without notice in accordance with point 5.2. of these terms of use.

4.1.3 The scope of services of the Bonus-Club also includes discounts, credit notes and promotions for individual items as well as advertising for products, goods and services to promote sales via various channels such as SMS, WhatsApp, Messenger, email, on the Bonus-Club website, in the Bonus-Club app and on the receipt. In addition, the scope of services includes the provision of the Bonus-Club service and the offer of competitions, vouchers and benefits for participants. The participant has no legal entitlement to specific offers, and the use of all or individual additional services of the operator may be regionally limited or aimed at specific target groups. The applicable conditions for an offer or service are published individually.

4.2 Collecting bonus points

To collect bonus points, the participant must scan the QR code on the invoice after a purchase by using their Bonus-Club access. Bonus points are credited for online purchases if the participant links their Bonus-Club profile to the online order. This method of collecting bonus points may not always be offered. Alternatively, the operator provides other options for collecting bonus points, about which the participant is informed individually. If, for any reason, bonus points are not credited to the participant's member area, even though the participant believes that this should have been done, he/she has 14 days to complain in writing by e-mail (apotheke@sternapotheke.at), at the same time submitting his/her data and the invoice receipt.

4.3 Redemption of bonus points

The bonus points collected can be redeemed via the Bonus-Club account to receive various benefits. The participant receives information on the respective benefits via the Bonus-Club software/app and from the operator. In addition, the operator will send information about current advantage offers at irregular intervals via push messages, SMS, WhatsApp, e-mail or other digital messenger services. Once redeemed, rewards cannot be exchanged for bonus points.

The operator determines the respective benefits and conditions under which the participant can redeem bonus points, including the respective equivalent value. The operator may not provide information about all offers. Special offers may be limited in time or quantity. In principle, bonus points can only be redeemed while stocks last or until the expiry of a specific special offer.

The operator reserves the right to refuse a participant the redemption of bonus points for certain promotions, for example if the participant is in default of payment or has violated essential contractual obligations in accordance with these terms of use (in particular in the event of abuse in accordance with point 3.5. of these terms of use) or the conditions of the special offer.

4.4 Expiration of bonus points

Bonus points that are not redeemed by the participant within three years of being credited expire on 1 January of the following year. Special regulations on the expiry of bonus points come into force if the Bonus-Club is discontinued in accordance with point 5.3. of these terms of use or in the event of termination of participation in accordance with point 5. of these terms of use. The operator will inform the participant in good time (at least four weeks in advance) of the impending expiry of the bonus points, provided that the participant has given his/her consent, by SMS, WhatsApp, push message or email.

4.5 Cancellation of bonus points, account balance and objections

In the event of a cancellation of a contract between the participant and the operator (e.g. due to revocation, withdrawal, annulment, rescission, goodwill, etc.) for which the participant was originally granted bonus points, the operator reserves the following right: These bonus points can be cancelled and deducted from the personal member area. The same right also applies in the event of incorrect bookings or misuse in accordance with point 3.5. of these terms of use.

The current bonus point balance can be viewed in the personal member area and in the Bonus-Club software/app. In addition, the points movements of the last year can also be viewed in the personal member area and in the Bonus-Club software/app, including information on when and where how many bonus points were collected, redeemed and cancelled.

Any objections to the accuracy of the score must be notified to the operator in writing or by email to (apotheke@sternapotheke.at) within a period of three months.

4.6 Technical availability

Maintenance and updates to the IT systems on which the operation of the Bonus-Club is based (including the website and app) will be carried out without disrupting operations wherever possible. If operations have to be restricted or interrupted, the operator will notify participants in advance where possible and endeavour to limit the duration of the operational restriction to the minimum necessary. Where possible, maintenance work will be carried out at weekends or at night. In urgent cases, immediate troubleshooting may be required, which will also be carried out during normal business hours. The operator will inform the participants as far as possible and endeavour to restore operation as quickly as possible.

5. Termination of participation

5.1 Ordinary termination of a participant's participation

Participants can cancel their participation in the Bonus-Club at any time without giving reasons and without notice. An account cancellation function within the Bonus-Club software/app is available for this purpose. In this case, all remaining bonus points or other advantage offers linked to the participant's profile lose their validity.

The operator reserves the right to terminate a participant's participation in the Bonus-Club by giving one month's notice. In this case, the bonus points already collected shall remain valid for a period of one year from receipt of the notice of cancellation and can be redeemed during this period. The further collection of bonus points is no longer possible after receipt of the cancellation.

5.2 Extraordinary termination of a participant's participation

The operator may terminate a participant's participation in the Bonus-Club at any time for good cause. Good cause exists in particular in the event of a serious breach of these terms of use, such as misuse of the Bonus-Club (see point 3.5. in these terms of use), as well as in the event of culpable misrepresentation, harassing or damaging behaviour towards employees or customers of the operator.

In the event of extraordinary termination, the participant may redeem bonus points already collected for a period of six months after receipt of the notice of termination, provided that no forfeiture occurs beforehand in accordance with point 4.5. or bonus points are cancelled in accordance with the provisions of these terms of use. However, no new bonus points will be granted from this point onwards.

In the event of a serious breach of these terms of use for which the participant is responsible or misuse of the Bonus-Club in accordance with point 3.5, the operator reserves the right to claim all damages incurred as a result.

5.3 Discontinuation of the Bonus Club

The operator reserves the right to discontinue the Bonus-Club or replace it with another equivalent programme subject to a notice period of 1 month. The participant will be informed of the cancellation or replacement of the Bonus-Club via electronic communication, provided that the participant has given his/her consent. The participant can redeem bonus points until the Bonus-Club is cancelled.

6. Liability

Claims for damages and/or other claims of any kind, regardless of the legal grounds, due to a slightly negligent breach of secondary contractual obligations in the relationship between the participant and the operator are excluded. In the event of a slightly negligent breach of primary contractual obligations on the part of the operator, the operator shall not be liable for damage whose cause generally appears to be completely unsuitable to cause such damage or which has only led to damage as a result of an exceptional chain of circumstances. Liability for intent, gross negligence and for damages resulting from culpable injury to life, limb and/or health shall remain unaffected by the above provisions.

7. Changes to the terms of use

The operator may at any time unilaterally make minor and objectively justified changes to these terms of use within the meaning of Section 6(2)(3) KSchG. These include, among other things, an extension of the eligibility to participate, additional opportunities for the participant to collect/redeem bonus points, an extension of the expiry periods for bonus points, changes to the deadlines for terminating participation in favour of the participant as well as editorial adjustments or purely stylistic changes.

8. Applicable law

Insofar as there are no mandatory statutory provisions to the contrary, the applicability of Austrian substantive law is agreed. This shall be to the exclusion of the rules of private international law and the UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods.

Privacy Policy "Bonus-Club"

Valid as of: 20.03.2024

1. Data protection

1.1 Data protection is a top priority for the Bonus Club "Stern Apotheke". We respect your privacy and personal sphere. Sternapotheke Mag. pharm. Veronique Wolfram e. U., Bahnhofstraße 11, 4600 Wels, AT ("Contractor" or "Responsible") processes your personal data as part of the customer loyalty solution provided ("Bonus-Club") and the software solution used, within the legal framework in the form of the General Data Protection Regulation ("GDPR") and the Austrian Data Protection Act, as amended. In this privacy policy, we therefore inform you about the processing of personal data when using the Bonus Club.

2. Processing of personal data

2.1 Object of the agreement

The object of this contract is the realisation of the following tasks: Operation and provision of a bonus club system. As part of the registration and subsequent ongoing use of the Bonus Club, you ("User" or "You") will provide Data ("Data") to the Contractor. As a user, you are a "data subject" within the meaning of Art 4 ZI 1 GDPR.

2.2 Data categories

The following data categories are processed:

2.2.1 Personal data: IP address at the time of registration for the Bonus-Club, unique identifier of the end device ("Device-ID"), unique identifier of the user ("User-ID"). First and last name, date of birth, gender, address, date of birth, mobile phone number, e-mail address.

2.2.2 Device data: Information about the end device(s) and version(s) you are using: Manufacturer, model, operating system, browser used, app version.

2.2.3 Connection data: IP address of your Internet connection, resulting in your location (determined via the IP address). Date and time of access. The http response code and the client's request are also logged.

2.2.4 Purchase data: When collecting bonus points and bonuses for purchases, the following data is also collected about your associated and completed purchases: Date and time of purchase, shop location, cash register ID and name, receipt number, invoice totals, purchase frequency and information about loyalty points and/or vouchers received. The original value of the scanned QR code is also stored. There is expressly no profiling of your purchases. The Bonus-Club therefore does not store any in-depth information about your purchases, such as which products were purchased.

2.2.5 Usage data: Last login to the Bonus Club, data from submitted forms, status, purchase frequency, if/when/which pages, vouchers or messages were accessed and displayed.

2.2.6 When registering via Facebook, Apple or Google login: name, profile picture, access token, profile ID, information about the social media account used. Registration via social media is offered to you as a user for the convenient creation of a new Bonus-Club account.

2.2.7 Communication & marketing messages: Title and content or text of the message, reason for the message transmission (birthday greetings, new voucher transmission, direct message for marketing purposes), channel via which the message was transmitted (SMS, WhatsApp, other messenger, email, push notification).

2.2.8 Redeeming vouchers & discounts: Voucher received, voucher ID, code, value, time of redemption and shop (location) in which the voucher was redeemed.

2.2.9 Survey data: When you participate in surveys, the answers you give are saved, as well as the original questions linked to them and the date and time of participation.

2.2.10 Competition data: When participating in competitions, the date and time, as well as the participation data of the competition are stored, as well as the data of the resulting, possibly won competition prize.

2.2.11 Recommendation data: If you recommend our Bonus-Club to other people, we store the invitation link, invitation code, as well as the fact that and who you have invited to the Bonus-Club and whether the other person(s) have accepted the invitation.

2.2.12 Check-In data: Time and location of your check-in.

2.3 Processing purpose

Your data will be processed for the following purposes:

Managing membership of the Bonus-Club, running the Bonus-Club, targeted advertising and communication, sending special offers and vouchers, analysing and compiling statistics on your purchases, running competitions and surveys, acquiring new customers (initiation) and building up a customer database.

2.4 Legal basis

The data is processed on the basis of the following legal bases: Art 6 para 1 lit a GDPR (consent), Art 6 para 1 lit b GDPR (fulfilment of contract) and Art 6 para 1 lit f GDPR (legitimate interests). The legitimate interests include the prevention of misuse in the context of multiple registrations and the multiple and therefore unauthorised use of identical benefits, the improvement of the Bonus-Club system and quality assurance. The provision of user data and in particular the consent to receive electronic messages (SMS, WhatsApp, Messenger) is mandatory, as otherwise the benefits (e.g. vouchers) cannot be transmitted (personalised) and membership in the Bonus-Club is therefore not possible.

2.5 Duration of the agreement

The agreement is concluded for an indefinite period and can be cancelled or revoked by you as a user at any time. This cancellation takes place by deleting the user account within the Bonus-Club or alternatively upon written request. The data will be stored and processed for the purpose of documentation and fulfilment of legal obligations, or for the provision of the Bonus-Club system.

2.6 Obligations of the contractor

The Contractor declares in a legally binding manner that it has obligated all persons commissioned with data processing to confidentiality before accepting the activity or that they are subject to an appropriate statutory confidentiality obligation. In particular, the confidentiality obligation of the persons commissioned with data processing shall remain in force even after termination of their activity and departure from the Contractor.

3. Security, transfer, processing

3.1 Data security

The contractor shall take suitable technical and organisational measures to protect the data processed within the scope of the Bonus-Club against loss, destruction and unauthorised access. These measures relate in particular to the storage of the user's personal data and its transmission. The measures are also regularly subjected to a thorough review and further developed on the basis of new technological developments or additional legal requirements.

3.2 Consent to data processing

The user's personal data is processed for the purpose of contract fulfilment on the basis of the user's voluntary consent. There is no obligation to give consent (e.g. for special categories of personal data) and to use the Bonus-Club system. However, failure to grant consent would mean that the order cannot be accepted and the creation of a required user profile for the Bonus-Club is not possible.

3.3 Transfer of data

All data is subject to the agreed or statutory obligation to maintain confidentiality and to protect personal data. The user's data will only be forwarded - apart from the forwarding of the processing necessary for operation within the framework of concluded order data processing agreements - with the express consent of the user.

3.4 Submissions

The contractor forwards the data to the company responsible for the operation and development of the Bonus Club: Christoph Harald Holubar, Cleverloyal ("sub-processor"). The user will be informed of any intended changes to the sub-processor in good time by updating this data protection agreement so that the user can prohibit this if necessary. The updated data protection agreement will be displayed in the event of changes within the Bonus-Club, whereby (renewed) consent by the user is required. The contractor shall conclude the necessary agreements within the meaning of Art 28 (4) GDPR with the processor. It must be ensured that the processor enters into the same obligations that are incumbent on the contractor on the basis of this agreement. If the processor does not fulfil its data protection obligations, the contractor shall be liable to the user for compliance with the obligations of the sub-processor. The Contractor and Cleverloyal may engage further sub-processors (system maintenance, hosting, development, support).

3.5 Place where the data processing is carried out

Data processing activities are carried out as far as possible within the European Union on the basis of the GDPR. However, at least in part, data processing activities may also be carried out outside the EU or the EEA, namely in America / USA. The appropriate level of data protection results from

- an adequacy decision of the European Commission pursuant to Art 45 GDPR.

- an exception for the specific case pursuant to Art 49 (1) GDPR.

- binding internal data protection provisions pursuant to Art 47 in conjunction with Art 46 (2) (b) GDPR.

- Standard data protection clauses pursuant to Art. 46 (2) (c) and (d) GDPR.

- approved rules of conduct pursuant to Art. 46 para. 2 lit e in conjunction with Art. 40 GDPR.

- an approved certification mechanism in accordance with Art 46 para 2 lit f in conjunction with Art 42 GDPR.

4. Your Rights ("data subject")

You have the following rights vis-à-vis the Bonus-Club (see point 5 for contact details) under the GDPR:

4.1 The right to information in accordance with Art. 15 GDPR regarding the personal data processed by us. In the event of repeated requests for information, we may charge reasonable administrative costs.

4.2 The right to rectification under Art. 16 GDPR, the right to erasure under Art. 17 GDPR and the right to restriction of processing under Art. 18 GDPR.

4.3 The right to object in accordance with Art 21 GDPR. If you have given your consent to the processing of data by the Bonus-Club, you can revoke this at any time without giving reasons with effect for the future. The withdrawal of consent does not affect the lawfulness of the data processing carried out up to that point.

4.4 The right to data portability in accordance with Art. 20 GDPR.

4.5 If you believe that the processing of your personal data violates data protection regulations, you have the right to lodge a complaint with a supervisory authority in accordance with Art 77 GDPR. In Austria, this is the Austrian Data Protection Authority.

5. Data protection officer and controller

The data protection officer of the Bonus-Club is available for all questions and information relating to data protection in connection with the Bonus Club and can be contacted by e-mail at datenschutz@cleverloyal.com or by post at Sternapotheke Mag. pharm. Veronique Wolfram e. U., Bahnhofstraße 11, 4600 Wels, AT

Controller: Sternapotheke Mag. pharm. Veronique Wolfram e. U., Bahnhofstraße 11, 4600 Wels, AT

6. Final provisions

6.1 Conditions of participation. The terms and conditions of the Bonus-Club apply.