GENERAL CONDITIONS OF USE AND OPERATION OF THE MONEDER
ACCOUNT FOR BUSINESS
FIRST.- DEFINITIONS:
1.- MONEDER PLATFORM: It is a loyalty platform maintained
and managed by loyalty Moneder SLU (hereinafter Moneder SLU) with CIF number B67204396 and registered
office in Plaçadels Albers, 16-17 Manlleu
(08560).
All the information of the PLATFORM
is gathered to the web page www.moneder.com
2.- MONEDER ACCOUNT: it’s for personal use and is not transferable by its holder or client,
to whom it allows to obtain, accumulate and manage the Moneder
coin issued by the businesses or business groups adhered to the MONEDER LOYALTY
TOOL.
3.-MONEDER COIN: It’s a virtual currency that emits, defines and configures each
business or group of businesses adhered to the MONEDER PLATFORM, which gives it
a validity that can be equivalent to an amount in euros to pay future
purchases, points exchangeable for gifts or any other validity that may define.
The businesses or business groups that issue coins between the holders of the
MONEDER ACCOUNT will be the only ones responsible for giving it validity as
they have defined and configured it.
The business or groups of business
can configure the Moneder Coin emited
with different parameters including:
-
Mode
of obtainment: A percentage of the amount of the sale or part of the sale or
any other way of obtaining that can be parametrized. .
-
Validity:
which businesses or business groups grant validity and/or accept the Moneder Coin they issue.
-
Equivalence:
can be equivalent to euros that can be used to pay part of a future purchase,
points exchangeable for gifts or any other equivalence that can be configured.
-
Expiration:
the number of days, months or years after which the accumulated Moneder Coin loses its value if the customer has not used
it within the period.
-
Transfer:
option that is transferred between holders or between holders and businesses.
The holders will be able to consult
the parameters configured for each MonederCoin defined
in the web page www.moneder.com.
4.- IDENTIFICATION OF
HOLDER: To receive Moneder Coin, the businesses will be able to identify the
holder of a Moneder Account by means of any of the
systems that the Moneder Loyalty tool allows: loyalty
card linked to the MONEDER ACCOUNT, App of moneder.com, ID number, telephone
number, name, or other systems that can be implanted in the future.
5.-BUSINESS GROUPS: Entity, municipality, Association, Federation or business group that has
adhered, together with the businesses that form it, to the MONEDER LOYALTY TOOL,
which may define its general conditions of use of the MONEDER ACCOUNTS that it
activates, as long as they don’t contradict the present conditions.
6.- HOLDERS:
Natural persons of legal age who are not limited in their capacity to act, and
minors with prior authorisation from their parents or guardians, who have a
MONEDER ACCOUNT, and have read and accepted these general conditions of use and
operation, defined by Moneder SLU or by the
contracting BUSINESS GROUP. As a general rule, the registers or accesses
through the APP or the Intranet Moneder must be made
accepting the general conditions of use defined by Moneder
SLU and the registers in paper made in the adhered shops or BUSINESS GROUP is
made accepting the general conditions of use defined by the BUSINESS GROUP.
Traders and business groups adhering
to the MONEDER LOYALTY TOOL shall require the accreditation of the minor's
representatives. The representatives of the minors are solely responsible for
the correct use of the MONEDER ACCOUNT together with the minor and have to
manage the use of the same, exempting the traders, business groups adhered to
and the MONEDER PLATFORM from any responsibility derived from the possible
mismanagement that the minors may make.
FIRST - The MONEDER PLATFORM is managed and
maintained by Moneder SLU, which will invoice its
licenses and services to the business group or contracting business.
SECOND - Businesses and business groups are
obliged to make good use of the Moneder Platform and
to comply with all points of this contract. Specifically, it will use the
software, hardware and cards that the Moneder Loyalty
tool makes available, fulfilling the objective for which they have been
designed.
With regard to communication and contact tools
with customers, businesses and business groups are obliged to use them to
promote their business, products and services according to the rules of good
faith. Businesses and business groups are obliged to keep confidential any data
they may obtain from their customers.
THIRD - Businesses and business groups are
obliged to have correctly configured the parameters that can be customized for
their business in the Moneder Platform, among which
are the data of their business; the Moneder coins
that they issue or accept; as well as promotions (in the case that they want to
offer); among others.
FOURTH - For all customers who identify
themselves as the holder of a MONEDER ACCOUNT by means of any of the systems
permitted by the MONEDER PLATFORM (loyalty card linked to the MONEDER ACCOUNT,
coin App.com, DNI number, telephone number, or other systems that may be
implemented in the future); the merchant undertakes to use the MONEDER LOYALTY
TOOL to give them coins and to give them validity according to the parameters
previously configured (mode of obtaining, validity, equivalence, expiration,...
among others).
It is the sole responsibility of the business
or business group to comply with the commitments acquired with the holders,
respecting the parameters and/or definitions of the coins that they put into
circulation.
FIFTH - The MONEDER LOYALTY TOOL will
automatically record all currency movements and balance evolutions. The
businesses and business groups, as well as the holders, will have access
through the intranet of the MONEDER PLATFORM to the movements registered with
the coins that they have received or delivered.
In the event that the holder detects anomalies
in the accumulation of his coins, Moneder will have
to inform the business where he received them. In all these cases, the
responsibility of the MONEDER PLATFORM is limited to correcting the error when
the holder of the MONEDER ACCOUNT proves in a reliable manner that the business
has recognized and corrected the anomaly.
SIXTH - If a business or group of
businesses wants to cancel theMoneder Platform, it
will have to communicate it with (3) three months in advance. During this time
the business must inform all the holders who have been clients of the business
or business group that when they unsubscribe from the MONEDER LOYALTY TOOL all
the Moneder coins that have been issued and that have
been exclusively valid will be withdrawn from circulation. It will be the
exclusive responsibility of the business or business group to respond to all
complaints or claims arising from the withdrawal from circulation made by the
holders of the withdrawn coins.
If a business or business group cancels without
complying with some of the conditions of this contract (three months notice,
fulfilling the commitments acquired with the holders respecting the parameters
and/or definitions of the coins they put into circulation, among others), it
will be the exclusive responsibility of the business or business group to
respond to all complaints or claims of the holders who have the coins withdrawn
from circulation, deriving from non-compliance with the aforementioned
conditions.
SEVENTH - This contract for the use of Moneder coins for the business will prevail over any other
contract that the business may sign with other companies or business groups in
relation to the Moneder Loyalty tool.
EIGHTH - Businesses and business groups are
obliged to sign a contract with each owner who registers a Moneder
Account so that they accept the conditions of use of Moneder
that are available at www.moneder.com or the conditions of use imposed by the
business or business group, provided they are not in contradiction with the
foregoing. The business is obliged to keep the contracts signed by the holders
guaranteeing their confidentiality, being obliged to facilitate a copy to Moneder SLU or to the group of businesses.
Moneder loyalty tool allows you to register
and maintain customers (1) who have accepted the conditions of use of Moneder and/or (2) who have accepted the conditions of use
defined by the Business Group itself.
In the first case (1), Moneder
SLU is the owner of the customer data and responsible for complying with the
data protection law RGDP. The contracting entities and associated businesses
may use customer data for the purposes set out in the platform. In this sense,
the clients who accept the conditions of Moneder
accept expressly that their data are yielded to any entity or establishment
where the client has bought. However, this does not exempt the businesses and
business group from the responsibility of using the data of the clients only
with the objectives of what is foreseen in the platform. In any case, Moneder SLU will not be responsible for the ownership of the
data of these clients until it has received the registration sheets scanned to
info@moneder.com or through postal mail to Loyalty Moneder
SLU / PlaçaPladelsÀlbers 16-17, 3B / 08560 Manlleu. Until these registration forms are received and
processed, ownership and responsibility shall rest with the Business Group.
In the second case (2), the ownership and
responsibility falls on the business group, becoming Moneder
SLU in a service provider responsible for maintaining secure customer data
supplied by the contracting entity. The contracting entity will be responsible
for complying with the requirements of the RGDP data protection law and
requiring Moneder to sign a confidentiality document
on your data.
NINTH - The business accepts that the
holders of a MONEDER ACCOUNT can receive or deliver coin Moneder
even if the holder has not registered in his business or business group.
TENTH - For the purposes provided in the
General Data Protection Regulation, businesses and business groups are informed
and authorise the personal data provided to be included in the files owned by LoyaltyMoneder SLU with CIF number B67204396 and registered
office at Plaçadels Albers, 16-17 Manlleu
(08560), as the entity managing the database and the MONEDER PLATFORM.
The purpose of data processing is any activity
related to the uses of the MONEDER ACCOUNT and the contractual relationship
with its owners, including analysis, statistics and profiling, as well as
advertising, promotion and marketing of the MONEDER LOYALTY TOOL and its member
businesses and business groups.
The objective and essence of a MONEDER ACCOUNT
is that it can be used in all the businesses adhered to the loyalty system and
therefore the holder of an ACCOUNT necessarily and expressly authorizes the
MONEDER PLATFORM to have the data contained in the application and all those
obtained in the normal development of this system, are ceded only to the member
businesses or member business groups where the MONEDER ACCOUNT is used, with
the same purpose of obtaining, accumulating and managing Moneder
coins, as well as direct communication to the holders of the MONEDER ACCOUNT of
offers, promotions and information related to the member businesses and
services.
All the data provided by the client or holder
of the MONEDER ACCOUNT will be treated with the maximum care both by Moneder SLU, the Business Group, and by the businesses that
have access to the data, according to the regulations on protection of personal
data and only with the objectives foreseen by the MONEDER LOYALTY TOOL.
At all times the merchants, the Business Groups
adhered and the MONEDER LOYALTY TOOL give for true and exact the data provided
by the clients; the not correction of these exempts them of any responsibility.
At any time, the holder of the MONEDER ACCOUNT can exercise his rights of
access, rectification, opposition and cancellation of his personal data and
communicate it to the MONEDER PLATFORM (by means of an e-mail to
info@moneder.com, accompanied by a copy of the DNI, NIE or Passport number used
in the registration of the MONEDER ACCOUNT) or to the Business Group, as
entities responsible for the ownership of his data.
In the event that the holder of the MONEDER
ACCOUNT wishes to oppose the receipt of advertising, offers, promotions and
information from a specific business or business group adhered to specific may
be unsubscribed from the website www.moneder.com, or directly through the
automated unsubscribe options that will appear in the advertising blocks that
the holder of the MONEDER ACCOUNT may receive. In the event that the data
provided are from a third party, this will have to be informed about these
conditions of use and operation, with the sole responsibility of the person who
provides and / or fills out the application form.
ELEVENTH - The MONEDER PLATFORM is maintained
and managed by Moneder SLU. The rights on all the
contents of the MONEDER LOYALTY TOOL (among others, texts, audio, images,
video, software, design and identifying signs) as well as the structure,
presentation or format of the cards and complementary documentation are owned
by Moneder SLU and are subject to the regulations on
Intellectual and/or Industrial Property. These rights include, but are not
limited to, those of fixation, reproduction, public communication, making
available to the public and transformation. Under no circumstances does access
to the MONEDER PLATFORM imply the cession, transmission or any type of waiver
of Intellectual and/or Industrial Property rights.
TWELFTH - For the resolution of disputes
arising in connection with this contract and the use of the MONEDER ACCOUNT,
the parties shall expressly submit to the Courts and Tribunals of Vic.