2. THE SERVICES ARE INTENDED FOR USERS AGED SIXTEEN (16) AND OLDER. REGISTRATION AND ACCOUNT
In order to access the Loyalty Card Program and/or some of our Services via our mobile applications or websites, you may be required to create an account with us. Account creation and the related submission of any personal data is done on a voluntary basis.
When creating your account with us, you will be required to complete the relevant registration process. You will be offered the following choices:
- account creation on the basis of a loyalty card that has already been issued to you (i.e., enter the code printed below the barcode on the loyalty card or scan the barcode) and confirmation of your personal data (i.e., first and last names, date of birth, address, post code, gender, telephone number, and e-mail address); or
- account creation via submission of the requested information (i.e., first and last names, e-mail address, date of birth, address, post code, gender, and telephone number), and selection of a password; or
- account creation via your Facebook, Google, or Twitter account.
- External Links and Content
In any event, you agree to provide accurate and complete information and to update such information, if necessary.
Once created, your account will be automatically linked to your loyalty card if it was issued prior to account creation.
If you are not the holder of a loyalty card at the time of your account creation, the establishment of your account will automatically trigger the creation of a loyalty card. You acknowledge that the loyalty program and card are personal and issued to individuals for their own, non-professional use. They cannot be transferred, and the loyalty card does not serve as a means of payment. You agree that we may, at our discretion, modify, suspend, or terminate the loyalty program at any time and for any reason.
In order to access your account, if you have registered via your Facebook, Google, or Twitter account, you will be asked to log in using your Facebook, Google, or Twitter password. In all other cases, you will be asked to log in using your e-mail address and password.
You agree to immediately notify us of any unauthorized use of your account to access the Services.
Note: If you only wish to subscribe to our loyalty program, without creating an account for other Services offered via our mobile applications or websites, or if you wish to receive a physical loyalty card, please refer to the specific provisions related to the loyalty card creation below (“Specific provisions applicable to our Loyalty Card Program”). (“Sonderbestimmungen für Treueprogramm”).
3.EXTERNAL LINKS AND CONTENT
We may provide hypertext links from the Services or communications you receive via the Services to third-party websites or Internet sources. We do not control any of these websites or Internet sources.
You expressly acknowledge that we are not responsible or liable, under any circumstance, for any information, content, products, services, or material available on third-party websites or Internet sources, nor for any alleged or actual damages resulting from access to or use of such information, content, products, services, or material available on third-party websites or Internet sources. 4.
4. PRIVACY AND PERSONAL DATA PROTECTION
If you use the Services, you will be asked to submit your personal data which will enable us to provide the Services that require authentication and will assist us in the management and improvement of our commercial relationship. Some information is necessary to provide and manage the Services, while other information allows us to understand you better and, therefore, adapt our Services to your needs.
5. INTELLECTUAL PROPERTY
5.1 Our Content
The Services, which include any software used in connection with the Services as well as their contents (including, but not limited to texts, editorial content, databases, page design, operating systems, photos, images, graphics, videos, sounds, maps, logos, trademarks, information, and any element of any and all kind that comprises the Services) (collectively referred to as “Content”), are protected by applicable legislation on author’s rights, copyrights, trademarks, service marks, patents, or other proprietary rights and are owned, controlled, or licensed by or to us.
We grant you a personal, non-exclusive, worldwide, non-transferable, limited, and revocable license to enter and use the Services for personal use only on any computer or mobile device, for the duration of your use of the Services.
Failure to comply with these provisions constitutes an infringement and may result in civil and/or criminal sanctions. We or our licensors reserve the right to take legal action against anyone who does not comply with these provisions.
5.2 Your Content
You may generate, post, upload, input, submit, or make available via the Services information, texts, editorial content, photos, images, graphics, videos, sounds, messages, logos, trademarks, and any material of any and all kind that you submit, store, or share while using the Services (collectively referred to as “Your Content”).
You retain the ownership and any other property rights you hold in Your Content. However, by generating, posting, uploading, inputting, submitting, or making Your Content available via the Services, you agree to grant us and our affiliated companies a worldwide, royalty-free, non-exclusive, sublicensable, and transferrable license to use, reproduce, represent, publicly display, publish, adapt, reformat, exploit, and translate Your Content in any medium and in connection with the Services to the extent permitted by applicable law. This license will be valid until the expiration of a one-year period following the closure of your account, whatever the reasons for such closure may be.
6. YOUR RESPONSIBILITIES
6.1 User Content and Conduct
Services functionalities allow you to share Your Content and information via the Services, including sharing information on social networks. However, you are and shall remain, in all circumstances, solely responsible and liable for the use of the Services and for all of Your Content.
You agree not to use any of Your Content or the Services for any unlawful or inappropriate purposes including, but not limited to:
- posting, providing, inputting, uploading, submitting or otherwise any of Your Content to the Services that is contrary to public order and morality, unlawful, threatening, stalking, harassing, violent, abusive, harmful to others, tortuous, defamatory, obscene, libelous, insulting, pornographic, invasive of another's privacy, hateful, or racially, ethnically, discriminatory or otherwise objectionable, or which promotes or encourages illegal activity;
- posting, providing, inputting, uploading, submitting or otherwise any of Your Content to the Services that infringes any laws or regulations or third-party rights, including any copyright, trademark, trade secret, patent, intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
- posting, providing, inputting, uploading, submitting or otherwise any “spam”, marketing materials, unsolicited or unauthorized advertising, or any other form of solicitation via the Services;
- using any viruses, time bombs, cancelbots, malware, worms, malicious code, defects, Trojan horses, corrupted files, or any other computer code, files, or programs designed to disrupt, destroy, limit, or impair the normal operation of the Services, servers, or networks connected to the Services;
- harming or attempting to harm children in any way;
- creating fake identities for the purpose of misleading others;
- using technology, automated systems, such as “bots”, “spiders”, or “crawlers”, or other means to collect or access unauthorized content or non-public spaces;
- using any data mining, robots, or similar data gathering and extraction tools;
- attempting to test, probe, or scan the vulnerability of any system or network connected to the Services, or breach security or authentication measures;
- advertising or offering to sell or buy any goods or services for any business purpose.
- Your Liability
You expressly acknowledge that, if you access the Services, you may receive or be exposed to content, goods, or services that you may consider to be improper, inaccurate, misleading, defamatory, obscene, or otherwise offensive. To the extent permissible under applicable law, you agree that we are not liable for any action with respect to any such content on the Services. However, if you identify any unlawful content, please notify us.
6.2 Your Liability
You are solely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not liable for any consequences resulting from the use of your account by an unauthorized third party. You are responsible for all activities that occur under your account. We recommend that you select a strong password and regularly change your password in order to limit the risks of unauthorized access to your account.
You are and shall remain, in all circumstances, solely responsible for Your Content posted to the Services, your use of the Services, and all activities undertaken under your account. Consequently, you are responsible for properly configuring or taking appropriate action to maintain adequate security, protection, and backup of Your Content, including your own data and/or software stored on your computer and/or mobile device against any attacks.
You understand and agree that you access, download, or otherwise obtain information, material, or data using the Services at your own discretion and risk, and that you are solely responsible for any damages to your computer system or loss of data that might result from the download of such information, material, or data.
You must procure all equipment (computer, mobile device, etc.) to access and use the Services, in compliance with applicable laws and regulations, including, but not limited to, intellectual property rights laws.
7. OUR RESPONSIBILITES
The Services provided by us are for information purposes only. Although all reasonable efforts are undertaken to ensure that the Content of the Services is accurate, complete, and up-to-date, the Services are provided on an "as available" basis, without any warranties. You expressly acknowledge that you use the Services at your sole risk.
To the full extent permitted by applicable law, we are not liable (i) for any damage, loss, or other consequence arising from the use of the Services or their Content, or for Your Content that you may post via the Services, and (ii) to you for any indirect damages or losses, as well as any immaterial damages, damages for loss of profits, revenues, or usage, or data resulting from the use or operation of the Services.
You expressly acknowledge that (i) the Services are not error-free or virus-free, (ii) connection to the Services implies the risks inherent to any connection and transmission on the Internet and mobile phone networks, particularly with respect to data transfer speed, information query or consultation response time, and technical performance, (iii) we have no control over third party networks or websites you may access while using the Services, (iv) we are not liable for any loss of data, failure to store, misdelivery or untimely delivery of any data or material through the Services, and (v) we disclaim all warranties, whether express or implied, including warranties of merchantable/satisfactory quality or fitness for purpose or need of the Content and the Services.
8. SPECIFIC PROVISIONS APPLICABLE TO OUR LOYALTY CARD PROGRAM AND LOYALTY CARD
Our Loyalty Card Program is free of charge and allows you to benefit from offers, promotions, and information related to our Loyalty Card Program, as described on our website.
In order to benefit from our Loyalty Card Program, you should create an account with us, as described below. If you wish to benefit from a dematerialized version of the loyalty card and/or from other Services offered via our mobile applications or websites, including the Loyalty Card Program, please refer to the general provisions related to registration and account above (“Registration and Account”). (“Anmeldung und Konto”)
Our Loyalty Card Program and the physical loyalty card are made available to you on request via one of the following options:
- At the shopping center: (i) go to the shopping center reception desk; (ii) complete the relevant form with the requested information; and (iii) the hostess will immediately issue a personal loyalty card to you; or
- Via our website: (i) visit our website and complete the Loyalty Card Program registration form or use your Facebook, Google, or Twitter account; (ii) an identifier will be assigned to you and sent by e-mail; (iii) print the e-mail and take it to the reception of the relevant shopping center; and (iv) the hostess will immediately issue a personal loyalty card to you;
- Via our App: Download the shopping center app, e.g., in the App store or Play store. You may register for the Loyalty Card Program via the App. Your loyalty card will be issued as a mobile application within the App.
- Specific Conditions applicable to geo-tracking
- "Meet My Friends" Service
Once you have been issued a loyalty card, if you would like to benefit from our other Services or from a dematerialized version of the loyalty card, please refer to the general provisions related to registration and account above (“Registration and Account”), in particular, regarding how to create an account on the basis of the loyalty card.Anmeldung und Konto”
In any event, you agree to provide accurate and complete information and to update such information, if necessary.
You acknowledge that the loyalty program and card are personal and issued to individuals for their own, non-professional use. They cannot be transferred, and the loyalty card does not serve as a means of payment. You are solely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not liable for any consequences resulting from the use of your account by an unauthorized third party. You are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account to access the Services.
You agree that we may, at our discretion, modify or suspend the loyalty program at any time and for any reason.
The loyalty card is based on RFID (Radio Frequency Identification) technology. RFID uses electromagnetic fields to transfer data for the purpose of automatically identifying and tracking tags attached to the loyalty card. If you object to this process, please use the dematerialized version of the loyalty card, which is available via our mobile application.
If you object to this process, please use the dematerialized version of the loyalty card available, which is available via our mobile application.
9. SPECIFIC CONDITIONS APPLICABLE TO GEO-TRACKING
9.1 "Meet My Friends" Service
Via some of our mobile applications, we offer a so-called "Meet My Friends" Service. You can access this Service if you have an account with us and only via your mobile device. For further information on registration, please refer to the general provisions related to registration and account above (“Registration and Account”). (“Anmeldung und Konto”).
The "Meet My Friends"”Service allows its users to share their locations within the shopping center with friends who also use the "Meet My Friends" Service. Thus, when you visit the shopping center, you know your friends’ locations within the shopping center and can meet them at specific locations or suggest meeting places. In addition, the "Meet My Friends" Service also allows you to locate, from to time to time, some of our staff members or suppliers who are in charge of specific tasks within the shopping center (e.g., personal shopping assistants, chefs in charge of cooking classes).
In order to be visible on the map, youmust activate the Bluetooth feature on your smartphone. If you only want to view the map and your contacts’ locations, activation of the Bluetooth feature is not required.
Upon your first connection to the “"Meet My Friends"” Service, we will ask for your permission to enable the geo-tracking function on your mobile device and share your geo-tracking data.
If you agree to the activation of geo-tracking on your mobile device and the sharing of your geo-tracking data, this function will be effective immediately and will be enabled for any future connections, unless you deactivate map visibility and, thus, temporarily modify your geo-tracking settings. You may also permanently deactivate geo-tracking in your profile settings at any time.
If you used your Facebook, Google, or Twitter accounts to create your account with us, you will be able to locate your contacts from such social network, provided that they also use the "Meet My Friends" Service, and ask them to share their respective locations.
You can configure all location-sharing settings by selecting one of the following options:
- visible to all users of the "Meet My Friends" Service; or
- visible only to your contacts; or
- not visible to any users of the "Meet My Friends" Service.
Your confidentiality settings will be stored and applied each time you use the mobile application. You may also access your visibility settings directly via the map to change them for the duration of that particular setting.
You cannot share your location outside our shopping center. Geo-tracking is carried out via Bluetooth beacons, which are only installed in the shopping center common areas.
With respect to the aforementioned information, you expressly acknowledge that some of the functions of the "Meet My Friends" Service are based on geo-tracking data, in particular, the physical location of your mobile device within out shopping center.
In order to provide the Services, we may require your geo-tracking data for several functions of the "Meet My Friends" Services and will share such data with all other users of the Services (or only with your contacts, depending on your individual settings).
9.2 Other Services
Subject to your express prior consent, information related to your location within our shopping center may be collected and processed by us while you are logged in to our mobile applications in order to measure the frequency and duration of your visits as well as your movements within our shopping center. On the basis of our frequency, duration, and movement findings, subject to your prior consent, we will grant you loyalty advantages and send you promotional materials.
When you first log in via your mobile device, we will ask for your permission to activate the geo-tracking function. If you agree to the activation of geo-tracking on your mobile device, this function will be effective immediately and will be enabled for future connections to our mobile application as well as for future visits to our shopping center. You may disable geo-tracking on your mobile device via your mobile settings at any time.
10. ADDITIONAL SERVICES
We have developed the new “Smart Park” and “In & Out” Services to improve your experience when visiting our shopping centers.
When you log in to your user account in order to use the “Smart Park” Service, we will process your personal data in order to enable geo-tracking of your car within the parking areas of our shopping centers. Combined with the location of your respective position, the App will indicate the shortest distance to your car. However, if you do not log in to your user account, no personal data will be processed. Your vehicle's location will only be stored on your mobile device. This information will not be transmitted to our systems.
If you wish to benefit from the “In & Out” Service, we will process the personal data you provided when creating your user account. The license plate recognition feature enables the parking system to automatically open the gate when you enter or leave our shopping center parking garage.
In addition, we may process the personal data provided as a result of your use of the “Smart Park” and “In & Out” Services to inform you about any new services that we develop that may be of interest to you.
12. SEVERABILITY CLAUSE
14.APPLICABLE LAW AND JURISDICTION