General terms and conditions for the use of the mobile loyalty programme and the vipster.net website
Vipster is a mobile loyalty programme for the providers of services for the B2C target group. The owner of the Vipster product and Vipster brand is spletnaPOSTAJA d.o.o., the agency for creative ideas that holds all the copyrights and related rights (hereinafter referred to as the product owner). Vipster, programi zvestobe, d.o.o. has the exclusive right to market the Vipster product on the markets of Slovenia and the former Yugoslavia (hereinafter referred to as the product representative).
The general terms and conditions for use are the appendix of the purchase order for the Vipster product where the chosen subscription package, setting up and other key parameters of cooperation with the clients of the Vipster product are stated.
The contract between the product representative and the client is concluded by singing the purchase order, and both parties are bound by these terms and conditions of use. The product representative shall include the client in the Vipster system, provide material for promotion and carry out training for the client's team within 10 working days from the receipt of payment. In the event of force majeure (e.g. waiting for the publication or the publication of an update of the application on the App Store or Google Play; delays of the suppliers of promotional material) that deadline is extended for the period of the delay. The subscription package shall begin on the day the promotion material is handed over to the client and thus also the undisturbed use of the solutions by the client.
By paying the subscription, the client acquires the right to use the Vipster mobile solution, support tool for reviewing the activities of users, regulating benefits and sending messages (http://manager.vipster.net), as well as the publication of a profile on the website vipster.net for the period for which the subscription is paid.
The client pays the subscription in advance for a three-month period. If the client does not pay for the renewal of the subscription for the Vipster mobile loyalty programme within 8 days after the expiry date of the subscription, the client's benefits will disappear from the mobile application and the client's profile from the vipster.net website. At the same time, the client will not have access to the support system any more (http://manager.vipster.net). If the subscription is not paid for more than 30 days after the expiry date, the product representative can unilaterally cancel the contract and thus completely delete client's account.
If the client or the product representative cancels the contract, the client has no right to export any data on Vipster users regardless of the reason for the cancellation of the contract. In the event of the cancellation of the contract, the client must not use the Vipster trademark or Vipster promotional material any more.
Every time the client pays for the subscription or the renewal of the subscription for the Vipster mobile loyalty programme, they acquire the following rights for the duration of the subscription:
- free telephone (+38659071009) and e-mail support (firstname.lastname@example.org),
- the use of all the functionalities of the chosen Vipster package (http://vipster.net/pricing/) and the use of possible additional functionalities included in the purchase order,
- the use of the support tool for reviewing the activities of their buyers, regulating benefits and sending messages (http://manager.vipster.net) within the range of the available coins,
- the access of the users of the Vipster mobile application to the client's benefits, applications of the client, the use of benefits and the submission of the questionnaire with feedback,
- the publication of the client's profile and their benefits at http://vipster.net/members/.
Every time the client pays for the subscription or the renewal of the subscription for the Vipster mobile loyalty programme, they receive coins for sending messages to the users of the mobile application who subscribed to them. The number of coins is defined on the price list on the client's chosen package http://vipster.net/pricing/).
If the client does not spend all the received coins that are included in the package within the 3-month subscription period, the unused coins are automatically cancelled after the 3-month period expires. With the renewal of the subscription, the client receives new coins in accordance with the selected package from the price list.
When the client sends messages to the users of the mobile application through the support system, the number of sent messages (manually or automatically) is limited by the number of available coins. The number of coins used when sending messages depends on the media:
- 1x push notification = 1 coin,
- 1x e-mail = 2 coins.
The client shall be informed about a shortage of coins by e-mail and they can buy coins any time:
- 1000 coins = 19.90 EUR VAT exc.,
- 3000 coins = 49.90 EUR VAT exc.,
- 5000 coins = 79.90 EUR VAT exc.
Purchased coins never expire, and the system always first uses the coins that were included in the package according to the price list.
The product representative and the product owner ensure the protection of the personal and business data of the client and the user of the mobile application. They use client's data exclusively for communication with the client for the purpose of setting up and improving the use of the solution and for sending useful content, advice and related offers. They use the data of the mobile application user for sending useful content, advice and related offers as well as targeted messages from the client that the user subscribed to previously through the Vipster mobile application. The mobile application user can unsubscribe from receiving notifications from a specific client or from receiving notifications from all Vipster clients or from receiving general Vipster notifications.
The personal data controller (product owner) shall acquire, store and otherwise process the personal data acquired from their users or clients only for the following purposes:
- managing the database of registered users,
- the administration of the solution and the presentation of personalised benefits (enabling the viewing of content with regard to the client's data (sex, age), the frequency of visits of providers, the given assessment of providers through feedback forms, allowing the publication of content through the support system for clients, communication with the user in the event of technical or content inquiries, etc.),
- statistical research (the total number of users, the number of new users per certain time unit etc.),
- occasional notification by email about offers, benefits, special offers, promotions, discounts and other activities, in relation to either commercial or non-commercial content, though that notification in any period of three consecutive calendar months shall not exceed the average frequency of one message a day. The product owner, product representative or the client of the Vipster mobile loyalty programme whom the user subscribed to can activate the notification.
- When sending messages from the previous paragraph, the data controller shall enable the users to unsubscribe from receiving the messages in a simple way.
The data shall be protected in accordance with the requirements of the Personal Data Protection Act (ZVOP-1) and shall in no case be forwarded to third parties. The client of the Vipster mobile loyalty programme shall only have at their disposal the name and surname of the buyer who submitted the feedback and the name and surname of the recipient of the automatic message (e.g. of a sent birthday card). The data controller undertakes to store the collected data only as long as it is necessary to achieve the purpose for which the data were collected.
Each user has the right to request spletnePOSTAJE d.o.o., as the personal data controller, to delete their personal data from the database by sending an email to email@example.com.
The client pays the subscription for the Vipster mobile loyalty programme for a three-month period in advance. The system notifies the client about the expiry of the subscription:
- 15 days before the expiry,
- 8 days before the expiry,
- on the day of the expiry and
- 8 days after the expiry of the subscription.
If the client does not renew the subscription for a new 3-month period within 8 days after the expiry of the subscription, the Vipster solution stops functioning until the receipt of the next payment. The payments shall be booked within two working days of receipt at the latest.
The product owner and product representative shall not be held responsible for the content on the profile of the client, the content of the benefits for users or for the service provided to the Vipster mobile application users. The client assumes the entire responsibility even if the actual entry of benefits is performed by the product representative based on a written or oral request or confirmation by the client. In the case of a request from a state authority or from other competent persons and legal holders of material copyright, the product representative shall remove content from the vipster.net/members/ website and from the Vipster mobile application. In case of repetitive violations, the product representative shall remove the user account of the client without the reimbursement of the paid subscription.
The client must constantly take care of the legal suitability of their Vipster profile and the benefits (e.g. the benefit of a free glass of alcohol must be limited to users aged 18+ ). The client is responsible for the reasonable use of the system for sending messages to users, which means that they must not send more than 8 messages (regardless of media) to the same user in the same month. In the case of a violation, the provider shall remove the content from client's profile and Vipster mobile application, whereas in case of repetitive violations, the provider shall limit the client's access to the support system. In this case, the client must send content to firstname.lastname@example.org, and the product representative shall publish them after approval.
Any kind of use of data, images, texts and other data that are part of this website is prohibited on the Vipster.net website. Any copying, distribution or other use of all the above data is prohibited without the prior knowledge and permission of the product owner.
If the server of the Vipster solution is unavailable for more than 48 hours and if this has caused commercial detriment to the client, the damage liability of the product owner and product representative is limited to a paid 3-month subscription; otherwise the product owner and product representative are not responsible for the damage caused.
The product owner and product representative are not responsible for any damage that clients suffer when using the Vipster mobile programme, e.g. due to offering too generous benefits or due to inventive users who in one way or another simulate fictitious subscriptions to the client.
The client or the product representative can terminate the cooperation at any time without any reason with a written notification and a thirty days' notice.
If the product representative terminates the cooperation, they are bound to return the proportionate part of the paid subscription to the client by the expiry of the subscription.
If the client terminates the cooperation, the product representative is not bound to return the proportionate part of the paid subscription to the client by the expiry of the subscription.
Ljubljana, on 1 July 2015