TOPCard Loyalty Program Mobile App General Terms and Conditions
(hereinafter referred to as „Terms and Conditions“ only)
I. Introductory Provisions
- The Loyalty System is a product operated by TOPCARD s.r.o., Company ID No.: 047 53 631, with its registered office at Janáčkovo nábřeží 1153/13, Smíchov, 150 00 Prague 5 (hereinafter referred to as the "Loyalty System Administrator") and is intended to contribute to the promotion and improvement of the quality of services provided by the contractual partners of the Loyalty System Administrator and to enable regular customers in particular to participate in the benefits and bonuses provided by the TOPCARD Loyalty System (hereinafter referred to as the "Loyalty System").
- Participation in the Loyalty System is possible for customers via a mobile application ("Application") or a printed customer card.
- These Terms and Conditions govern the participation of customers in the Loyalty System through the Application, specifically the contractual relationship established between the customer and the Loyalty System Administrator.
- By confirming the Terms and Conditions when launching the Application, the Customer agrees to these Terms. The Terms and Conditions are accessible on the website of the Loyalty System Administrator and in the Application. The customer is entitled to withdraw his/her consent at any time.
II. Customer Registration
- A participant in the Loyalty System can only be a natural person over 18 years of age. Participation in the Loyalty System is entirely voluntary.
- The Customer installs the Application on his mobile device through App Store and Google Play electronic stores with mobile applications operated by third parties. The application is available for mobile devices with iOS and Android operating systems.
- The application can only be used in online mode, where the mobile device must be connected to the Internet, i.e. the device is connected to the mobile network and has data transmission enabled or is connected to a wireless network allowing data transmission. Without internet access, the customer can view the card and retrieve points, but the data will not be up to date in the Application
- When logging into the Application for the first time, customer registration is required, which the customer will be prompted to do by the Application. The customer registers by entering the following information:
- Name, surname
- E-mail address
- Password consisting of at least six (6) characters
- Country of residence of the customer
- Telephone number
- The customer may voluntarily fill in additional data, the completion of which is rewarded with extra points:
- Home address
- Date of birth
- A virtual customer card is generated for the customer.
- After registration, the customer's next login to the Application always takes place by entering the e-mail address and password.
- If the customer owns a printed TOPCARD customer card and is interested in transferring the customer account to the Application, he /she enters the customer card number in the appropriate field when registering. If the customer has filled in the printed customer card number and the verification was successful, the collected points will be transferred to the virtual customer card. By creating a virtual customer card, the contractual relationship between the customer and the Loyalty System Administrator is governed by these Terms and Conditions. If the customer account is not paired with the printed customer card number, the form will prompt the customer to fill in the date of birth.
- The application can be used immediately after the registration has been completed.
III.Use of the Application
- The Customer uses the Application to collect points for purchases from contractual partners of the Loyalty System Administrator. To retrieve points, the customer will present his/her virtual customer card at the contractual partner on his mobile device in the Application when paying for goods or services.
- The collected points can be used by the customer for the next purchase from the contractual partner, when for each (1) point applied the customer gets a discount of CZK 1 including VAT. However, the points earned cannot be used for the purchase of lottery tickets, lotteries, recharge coupons, returnable packaging, telephone cards, cigarettes, or other products according to applicable laws or rules of the contractual partner. After applying the points, the resulting value on the bill must be at least CZK 1
- The number of points earned for a purchase with individual contractual partners may vary and is governed by a contractual agreement between the partner and the Loyalty System Administrator.
- The list of contractual partners, the conditions for obtaining and redeeming points for individual contractual partners, special events and coupons can be viewed by the customer at any time in the Application.
- The customer receives points on his/her virtual loyalty card, especially for the payment of goods and services at contractual partners. The customer can also earn points in other ways specified by the Loyalty System Administrator, especially when entering additional personal data, enabling notifications, filling in a questionnaire in a satisfaction survey, sharing the application with friends. The Loyalty System Administrator is entitled to set and change the conditions for obtaining points in these exceptional cases, in particular to prevent misuse.
- Each point is valid for six (6) months from its crediting to the virtual loyalty card. When the Application is launched, the Customer will be notified of the impending expiration of points.
- If a virtual loyalty card is not presented in the Application to retrieve points during the purchase, the points cannot be retrieved retroactively.
- When providing the Application, there may be outages or regular technical downtime, so the Application may not be available at every point in time. The Loyalty System Administrator is not responsible for the availability of the Application. The functionalities of the Application may be subject to changes as part of updates. At the same time, the Loyalty System Administrator is entitled to terminate the operation of the Application and to stop providing services related to the use and support of the Application.
- The Loyalty System Administrator is not responsible for the fact that points cannot be redeemed at a certain time at a particular establishment of the contractual partner due to reasons on the part of the contractual partner. Events in the Application take precedence over discount and other actions of contractual partners.
- The Loyalty System Administrator may inform the customer about current offers, including other marketing messages, also via his/her e-mail address.
IV.Personal Data Protection
- In their activities, the Loyalty System Administrator processes customers' personal data in accordance with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (hereinafter referred to as the "GDPR") and in accordance with its internal regulations adopted for the implementation of the GDPR.
- The purpose of the processing of personal data is the performance of a contract, the fulfillment of a legal obligation of the Loyalty System Administrator or marketing reasons based on the customer's consent, personal data are also processed for the fulfillment of the legitimate interests of the Administrator.
- The customer has the right to access personal data, the right to rectification of personal data, the right to erasure of personal data, the right to restrict the processing of personal data, the right to data portability, the right to object to the processing of personal data.
- More detailed information on the processing of personal data and the rights of data subjects is available in the Application or on the website of the www.top-card.eu Loyalty System Administrator.
- If the personal data are used for marketing purposes, the customer is informed of such purpose of processing and has expressed his free, explicit consent to this by his written statement. At the same time, the customer was informed that he can withdraw his consent with the use of personal data at any time.
- Each customer is obliged to update his/her personal data, in particular the e-mail address, in the event of a change in his/her personal data. He/she may do so in person with the contractual partner, in the Application or via the e-mail address email@example.com.
- The Customer may exercise all his/her rights with the Loyalty System Administrator either in writing by registered letter sent to the address of the Administrator´s registered office, or in the electronic form at the e-mail address firstname.lastname@example.org.
- Furthermore, the customer has the right to file a complaint against the processing of Personal Data with the Office for Personal Data Protection at Pplk. Sochora 27, 170 00 Prague 7 (web: www.uoou.cz).
- No automated decision-making or profiling is based on the Personal Data processing.
V. Complaints and Consumer Information
- Points are credited immediately upon purchase and the customer is entitled to claim the credited points immediately after receipt of the bill on the purchase, but no later than ten (10) days after the transaction.
- The customer, if he is a consumer, may apply for out-of-court settlement of a consumer dispute to an authorized body, depending on the relevant category of services.
The general body for out-of-court settlements of consumer disputes is: 00 Prague 2, website::
Czech Trade Inspection Authority
120 00 Praha 2
More information on out-of-court settlements of consumer disputes is available at www.coi.cz/informace-o-adr/ website, the motion can be submitted via the web form www.coi.cz/mimosoudni-reseni-spotrebitelskych-sporu-adr/.
VI. Duration of the Contractual Relationship
- The contractual relationship under these Terms and Conditions is concluded for an indefinite period of time and expires
in particular if:
- the customer provided false information during registration;
- the Customer has abused the benefits of the Loyalty System or has committed any other act contrary to these Terms and Conditions;
- at the request of the customer;
- the operation of the Application has been terminated;
- the customer has withdrawn consent to the Terms and Conditions, or has not given consent to the updated Terms and Conditions, if required.
- In the event of termination of the contractual relationship under these Terms and Conditions, the customer's access to the Application will be interrupted and the customer is obliged to uninstall the Application from his mobile device, the points collected on the virtual loyalty card will be invalidated, they cannot be transferred, redeemed, or exchanged for any other benefit in any way.
- The Loyalty System Administrator is entitled to restrict or interrupt the Customer's access to the Application in the event of misuse or violation of these Terms and Conditions, legal regulations, or if it is necessary to implement measures or decisions issued by public administration bodies, for the period strictly necessary.
- The contractual relationship under these Terms and Conditions is concluded for an indefinite period of time and expires in particular if:
VII. Final Provisions
- The Loyalty System Administrator reserves the right to change these Terms and Conditions to a reasonable extent and has the right to terminate the Loyalty System, if applicable. Changes to the Terms and Conditions shall be notified by the Loyalty System Administrator to the customer within the Application when it is launched before the changes take effect. In the event of the customer's disagreement with the change in the Terms and Conditions, the customer has the option to reject these changes and terminate his membership, thereby terminating the contractual relationship.
- The Loyalty System Administrator is entitled to inform customers about news, outages of the Application or other events through the Application.
- The Loyalty System Administrator reserves the right to stop operating the Application or providing support to it, even with immediate effects.
- These Terms and Conditions and the contractual relationship between the customer and the administrator of the Loyalty System are governed by the laws of the Czech Republic.
- These Terms and Conditions are valid from January 17, 2022.