mobile-pocket

Last revised on: July 22, 2015

Terms of use & privacy policy

1. Validity

1.1. The installation and use of „mobile-pocket“ implies the consent of the user to the terms of use as applicable and amended from time to time. General terms and conditions of users are not effective in relation to bluesource.

1.2. With the installation of the application or the use of services of mobile-pocket the terms of use become effective. The terms of use are founded for an infinite period of time and are terminable with two weeks’ notice.

1.3. bluesource is entitled to cancel the legal relationship with immediate effect for material cause or if the user breaches the terms of use or applicable law.

2. Usage of the mobile-pocket app

2.1. The smartphone Application “mobile-pocket” enables users to create and save their loyalty cards on smartphones and to use them for digital identification. Furthermore, a user can be informed about current offers and coupons of loyalty card carriers and about current deals of partner companies.

2.2. To benefit from mobile-pocket, users need to install the application on their smartphone and register their loyalty and club cards with the data required. Even the entry of a loyalty or club card ID/number for the specific card is sufficient to create it. To complete the registration, the user needs to enter a valid email or phone number and will then receive a PIN code. bluesource reserves the right at its own discretion to reject users due to input of invalid addresses or other causes.

2.3. bluesource offers the application to users completely free of charge. It is possible that carriers levy charges for data transfer in connection with the use of mobile-pocket. Those costs must be borne by the user.

2.4. bluesource grants to the user a limited, non-exclusive, non- transferable and non-sublicensable right to use this application (mobile-pocket) in the latest version including updates and other features subject to these terms of use. The right of usage shall expire upon the termination of the legal relationship.

2.5. The user is not allowed to modify, copy, disassemble, reassemble, distribute, publish, reverse engineer, build a derivate or duplicate the application, its components, services or features. The user is allowed to use mobile-pocket only for its own benefit and is not allowed to make the application available to third parties. The use of mobile-pocket for commercial purposes is prohibited.

3. Liability

3.1. bluesource assumes no liability for any damages (material or immaterial damages and lost profit) caused by the usage  of or reliance upon the information provided by mobile-pocket or caused by inaccurate or incomplete information, unless the user incurs damages directly and demonstrably attributable to the gross negligence or willful default of bluesource.

3.2. All offers, coupons, services etc. of mobile-pocket are non-binding. mobile-pocket is delivered on an “as-is, with-all-its-faults” basis. bluesource does not guarantee the suitability of the App and its services, merchantability, fitness for a particular purpose, or that special requirements or expectations of the user will be fulfilled.

3.3. bluesource makes no warranties and assumes no responsibility for linked or external content within the meaning of section 4 of these terms. Except where mandatory under applicable law, liability for such content is disclaimed to the widest extent possible.

3.4. bluesource assumes no responsibility and may not be held liable for the unauthorized duplication or usage of coupons, offers or other content or for graphics, prepared texts, logos and brands protected by third-party rights.

3.5. The aforementioned limitation of liability does not apply to damages arising from personal injury or death or where the limitation is contrary to applicable law.

3.6. The user shall indemnify and hold bluesource harmless from and against costs, damages or claims of third parties arising from the unlawful usage of mobile-pocket or from the user’s violation of these terms of service.

3.7. An impermissible use pursuant to section 3.6 is especially constituted by a user’s registration of customer cards under a false name,  thereby fraudulently obtaining advantages of the card operator concerned. In this event it is exclusively the user who is liable vs a vis the card operator. In the event that bluesource is damaged by such behavior of a user, the user shall fully indemnify bluesource and hold it harmless.

4. Advertisement & Links

4.1. The websites of mobile-pocket and bluesource as well as the mobile-pocket application contain links to other websites which are not in the sphere of influence of bluesource. bluesource does not control those websites, is not responsible for the content provided thereon and cannot be held liable therefor or deemed the agent or auxiliary person of the websites’ operators.

4.2 bluesource allows card carriers and third parties to place advertisement in the application. By registering with mobile-pocket, the user expressly agrees that advertisement, including personalized content, may be sent to the user. bluesource expressly states that the advertising parties remain responsible for placed advertisements with regard to both content and type of placement, and bluesource shall not assume any responsibility or liability pertaining thereto.

5. Privacy

5.1. Upon completing the registration (entering the phone number, App ID and registered virtual cards or any personal preferences), the user agrees that the data required to facilitate the usage of mobile-pocket will be stored, computerized and processed. Further features of mobile-pocket may require additional personal data like name, address, date of birth, phone number, personal preferences etc. Entering such additional data will be optional to users, and users agree to the terms of use and data privacy conditions by entering such data. The usage and disclosure of such data to a third party will be subject to data privacy requirements. mobile-pocket and bluesource shall comply with all applicable laws on the protection of private data.

5.2. According to the Austrian Data Privacy Act (DSG 2000), personal information which can be used to identify web users qualifies as personal data. Such information includes name, address, postal address, phone number etc. bluesource uses that data only on an anonymized basis for statistical analysis.

5.3. Certain offers and information will only be processed with the consent of the user. Granted such consent, bluesource and mobile-pocket are allowed to transfer the data to partners.

5.4. The use of the mobile-pocket application is generally possible without inputting any personal data. If anywhere on our sites personal data (e.g. name, address, phone number, email address or date of birth) are collected, it will be optional as far as possible. Such personal data will not be transferred to a third party without the explicit consent of the user. After termination of usage of mobile-pocket, all user data will be deleted.

5.5. Data concerning the user behavior (such as a bonus points query) which may indirectly allow the identification of the user will only be transmitted to third parties if the user has consented thereto vis-á-vis the third party.

5.6. We warn that data transfer via the internet (e.g. communication via email) may entail security risks. Absolutely secure protection of the data against third parties is not possible.

5.7. The usage of our contact data published pursuant to the imprint obligation by a third party for the purpose of sending advertisement and information material not expressly requested by us is strictly prohibited. The operators of the bluesource and mobile-pocket websites reserve the right to take legal actions in the case of receiving unsolicited advertisement or information, e.g. spam emails.

5.8. The application uses localization services provided by the manufacturer of the device where available to locate the current position of the user and e.g. display it on a map. Such location-based data will not be stored on a personalized basis locally on the device or on a server of bluesource or mobile-pocket.

5.9. The user acknowledges that the data described under this section 5 may be collected either directly by mobile-pocket, bluesource or a third party, e.g. the club or loyalty card carrier.

5.10. By registering with mobile-pocket, the user agrees and expressly consent that bluesource and card carriers may collect information about the user and the user´s mobile device on an anonymized basis. Such information may include location data. bluesource and card carriers use such data to provide location-based services such as advertisements, search results and other personalized content to the user, provided that this function is enabled by the user and his or her device. On most devices, location services may be set or deactivated on the settings menu. In the event that the user has questions regarding the deactivation of location services or the data which are being sent by the user´s device to third parties and thus transmitted, bluesource recommends that the user consult with his or her mobile network provider or the producer of the used device.

5.11. bluesource uses Google Analytics Mobile SDK, which collects anonymized information as mobile advertising-IDs. The code integrated by bluesource is: enableAdvertisingIdCofllection(true). Google Analytics Mobile SDK uses anonymous identifiers to collect data about the user behavior on an anonymized basis. In order to deactivate this function and the resulting interest-based advertisement, the following procedure is recommended:

Android devices

  • Open Google Settings on your device.
  • De-select Advertising .

iOS devices

  • Devices with iOS 6 and higher utilize the Advertising Identifier by Apple. More information on restricting Advertising Tracking with this ID may be found in the „Settings“ menu on your device.

6. Application and amendments

6.1. These terms of use are effective regardless of whether mobile-pocket is used via the website, the mobile applications or in any other way. They govern in their version as valid from time to time the relationship between mobile-pocket and registered or anonymous users. These terms of use are valid for the whole content, features or other services that are available within the scope of mobile-pocket. If users do not agree to the terms of use, they are not entitled to use mobile-pocket and are obliged to cease such usage immediately. In order to be eligible for specific services of mobile-pocket, the user may have to download software or content and/or have to agree to additional terms of use (hereinafter “additional conditions”). The use of specific features – especially those, which require an approval of additional conditions – can be limited to specific users and/or user groups.

6.2. bluesource reserves the right to adjust these terms of use to new legislation, technology, services or amend them for other reasons. If, due to modifications of the terms of use, interests of users could be compromised, users will receive two weeks’ notice by the contact method indicated upon registration (email, SMS, IM etc.). After the lapse of two weeks from serving the notice, the use of mobile-pocket and its services will be subject to the amended terms of use. If a user does not agree with the modifications, he must cease using mobile-pocking immediately and contradict the validity of the new terms of service within two weeks of receiving the amendment notice. In that case, bluesource is authorized to suspend the user’s account and access to mobile-pocket with two weeks’ notice. If mobile-pocket is still in use after a period of two weeks after publishing the amendments, this shall be deemed implicit approval of the amended terms of use.

6.3. If any of the provisos of these terms of use are legally void or unenforceable, the validity of the remaining provisos of these terms of use shall not be affected. The single legally void or unenforceable regulation will be replaced by the relevant proviso under applicable law.

6.4. Except where mandatory law prescribes otherwise, these terms of use are construed in accordance with and shall be governed by Austrian law excluding UN Convention on Contracts for the International Sale of Goods (CISG). All legal relationships between the parties arising from the use of mobile-pocket shall be governed by Austrian law. Place of service and performance is the headquarters of bluesource. Any conflicts between bluesource and companies arising from these terms of use or the use of mobile-pocket shall be adjudicated by the court of jurisdiction at the headquarters of bluesource.