General Terms of Business

adfocus GmbH
Blegistrasse 9
6340 Baar
Switzerland

E-mail
Phone +41 44 508 34 17

The managing director of adfocus GmbH is Philippe Müller. adfocus GmbH is entered in the commercial registry of the Canton of Zug (UID: CHE-203.447.456). Its Swiss VAT number is CHE-203.447.456 MWST.

The European Commission operates a platform for online dispute resolution for consumers: https://ec.europa.eu/consumers/odr. However, adfocus GmbH is not prepared, nor is it obligated, to take part in a dispute resolution proceeding before a consumer arbitration board.

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.

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