Last revised on: July 22, 2015
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.
2.5. 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.
3.1. 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.
5.2. 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:
Open Google Settings on your device and de-select Advertising.
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