Disclaimers



Terms of Use

 

Last updated on May 27, 2021

 

Benefit Barcode, Inc., a Unites States (DE) corporation (hereinafter “us”, “we”, “Benefit Barcode”, „Bercode” or "bercode.com”) operates the bercode.com website, contained within or otherwise available through external hyperlinks within such websites, mobile and other applications of the foregoing, and associated social media outlets (collectively, the “Site”).

The Terms of Use and all Terms of Use contained or referenced herein, our Privacy Statement, Cookie Policy and, for particular services, any additional posted Terms of Use that apply to such services (collectively, the “Terms of Use”) apply to your use of the Site, or any of the services offered through the Site, including your communications with us. By using the Site or any of the services offered through the Site, you agree to these Terms of Useof Use and its modifications. We may unilaterally modify these Terms of Use at any time without any notice to you..

Terms of Use

If you do not agree to these Terms of Use, do not use the Site. You must leave this page and may not access or otherwise use the Site.  Your continued use of the Site, or any service offered through the Site, after the posting of any modifications shall constitute your agreement to be bound by such modified Terms of Use.

The following Terms of Use govern your participation in the use of the Site, any other related services provided by Benefit Barcode (taken together the "Service"). The Service is owned and operated by us. The Service is offered subject to your (hereinafter the "User") acceptance and agreement without modification of all of the Terms of Use contained herein and all other operating rules, policies and procedures that may be put into practice by or published from time to time on the Site by us.

BY USING OR ACCESSING ANY PART OF THE SERVICE, THE USER AGREES TO ALL OF THE TERMS OF USE CONTAINED HEREIN, INCLUDING OUR PRIVACY POLICY. IF THE USER DOES NOT AGREE, DOES NOT USE OR ACCESS THE SERVICE. BY CLICKING THE “AGREE” BUTTON THE USER (I) ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTAND THESE TERMS OF USE; (II) ACCEPTS THESE TERMS OF USE; AND (III) AGREES THAT HE/SHE IS LEGALLY BOUND BY ITS TERMS AND THE CHANGES THERETO. IF THE USER DOES NOT AGREE TO THESE TERMS, DOES NOT USE THE SITE.

 

1. ACCESS

Subject to the Terms of Use, the Service is provided solely for User's own personal use. Benefit Barcode may change, suspend or discontinue the Service at any time, including the availability of any feature, function, content or benefit. Benefit Barcode may also impose limits on certain features and services or restrict User's access to parts or all of the Service without notice or liability.

Notwithstanding the foregoing, Benefit Barcode may change any of its services, offers or rewards at any time without a notice. The Service is available only to individuals who are at least 18 years of age. These Terms of Use are void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

 

2. REGISTRATION

In order to purchase Services through the Platform or to access other Platform features, registration is required, which requires the following information: e-mail address, password, date of birth and form of address. By registering, the User agrees to provide accurate and complete registration data and to make the appropriate changes in case of changes. You may not choose or use an e-mail address owned or controlled by another person with the intention of impersonating that person without express authorisation; you may not use as a username a name that is the intellectual property of another person! You may not grant third parties access to your user account! Each User may have only one registered user account.

By registering for an account, you give us permission to send you notifications by email, including informational and promotional emails. This is necessary so that we can provide you with convenient access to your orders, review your previous purchases, review your shopping cart and change your preferences. You can modify your ability to receive emails at any time, or you can opt-out of receiving emails as described in our Terms of Use. 

The User is fully responsible for all activities that occur under his/her username and password, regardless of whether the User has authorized these activities. The User is also responsible for maintaining the security of any passwords or other information required to log into his/her account. The User must notify us immediately of any unauthorized use of his/her account. We reserve the right to refuse registration or delete a user name for any reason.

 

3. MEMBERSHIPS

3.1. Definitions

A "bercode" is a unique numeric sequence of 18 digits generated by a special method, created and maintained by the Platform. The User may benefit from certain advantages, such as discounts, when using the bercode. The bercode service levels are Basic, Light, Classic, Extra and Business.

3.2 After a valid registration, the User may register the bercode(s) in his/her possession.

3.3 If the User purchases a new bercode, the User automatically becomes a Bercode owner.

3.4 If a User has issued his/her own bercodes through a partner profile (hereinafter referred to as "bercode issuer" or "Issuing partner"), the detailed information applicable to him/her is set out in Annex 2.

3.5 If a User chooses to accept bercodes via a partner profile (hereinafter referred to as "bercode accepting partner" or "Merchant partner"), the detailed information applicable to him/her is set out in Annex 3.

3.6. A Merchant partner may also be a Priority merchant partner by paying an aquisition commission. 

3.7 The bercode service levels are Basic, Light, Classic, Extra and Business.

3.7.1. Basic: The possibility to benefit from half discounts offered by some Priority Merchant partners. In addition, if the User becomes a bercode issuer, the User can increase his/her traffic with 1 bercode issuer.

3.7.2. Light: The possibility to benefit from discounts offered by some Priority Merchant partners. In addition, if the User becomes a bercode issuer, the User can increase his/her traffic with 2 bercode issuers.

3.7.3. Classic: The possibility to benefit from discounts offered by each Merchant partners. In addition, if the User becomes a bercode issuer, the User can increase his/her traffic with 10 bercode issuers.

3.7.4. Extra: The possibility to benefit from discounts offered by each Merchant partners, as well as double discounts with certain Merchant partners. In addition, if the User becomes a bercode issuer, the User can increase his/her traffic with 20 bercode issuers.

3.7.5 Business: The possibility to benefit from discounts offered by each Merchant partners, as well as double discounts with certain Merchant partners. In addition, if the User becomes a bercode issuer, the User can increase his/her traffic with unlimited number of bercode issuers.

3.8. For a list of Points of Acceptance for some bercodes, see the search List of Points of Acceptance.

3.9 Basic and Light bercodes can be issued free of charge. Classic, Extra and Business levels are available at different rates. Detailed pricing information is provided in Annex 1.

 

4. PURCHASE OF SERVICES

The execution of a transaction, including registration on our Site, ordering of any service, your activity is governed by our Terms of Use and its annexes and our legal documents. The User has the possibility to design the actual look and feel of the chosen appearance and decide how the bercode should be displayed in this form.

4.1. Pricing

Benefit Barcode reserves the right to change its service fees at any time, which are set out in Annex 1.

4.2. Bercode Issuance

By creating a bercode issuer profile, you declare that you have read and agree to be bound by the "Data transfer agreement" applied by Benefit Barcode, Inc. pursuant to Section 46 (2) (c) of the GDPR for the purpose of transferring data to the United States. It is not possible to use the “Bercode issuer services” without the approval of the “Data transfer agreement”.  

The bercode(s) may be issued by a bercode issuer. Actual bercode issuance means that the Site randomly generates a unique numeric sequence of 18 digits generated by a specific method. Any design, pattern or form that violates the law will be rejected and the bercode issuer will be notified of the rejection. However, the bercode issuer may choose to order a limited number of bercodes, without requesting the Site to print them on media, and instead send them to a partner it deems appropriate for printing.

4.3. The plastic-based bercode carrier can be produced by two different manufacturing methods.

4.3.1. Retransfer Technology

In the case of a plastic card or key fob produced using retransfer technology, all the data is printed on the plastic base at the same time.

4.3.2. Offset Technology

In the case of offset plastic cards or key fobs, the data will be printed on the plastic base in two steps (production of base cards or key fobs and subsequent personalization).

4.4. Bercode issuers may sell the bercode in accordance with Benefit Barcode's pricing or they may sell the bercode using their own pricing, taking into account the prices set as the minimum mandatory price for bercode issuers. Bercode issuers may not publish a price other than the minimum price on their own Bercode webshop or on their own websites. Bercode issuers may sell the bercode as a stand-alone item, on a virtual or plastic card, on a plastic key fob or sticker, or on another format or medium produced for displaying the bercode. Benefit Barcode currently offers virtual and plastic cards, plastic keyc fobs or stickers as a service to fulfill orders submitted through the "Order Bercodes from the Bercode credit" submenu. Bercode issuers may also use other formats from providers other than Benefit Barcode to display the bercode in other formats. Benefit Barcode assumes no responsibility for transmitting bercode in a format other than the format originally used by Benefit Barcode to display the bercode. Bercode issuers may sell bercodes online or offline.

4.5. Parties acknowledge and agree that the damages suffered by Benefit Barcode as a result of a breach by the bercode issuer of the covenant set forth in Section 4 hereof or in Annex 1 of these Terms and Conditions, governing the mandatory minimum price, may be difficult to determine with certainty and in an expeditious manner. In order to effectively cure the breach, as the alternative to other dispute resolution options set forth in Section 17, Parties agree that liquidated damages in the amount of $100,000.00 (One Hundred Thousand US Dollars) shall be awarded to Benefit Barcode in addition to any injunctive relief available under Section 17 hereof. The bercode issuer shall have the obligation to pay the aforementioned amount of liquidated damages to Benefit Barcode within ten business days from the receipt of Benefit Barcode’s notice regarding the breach, being sent via e-mail and dispatched on the same day as the e-mail via an overnight courier service. Parties acknowledge and agree that the aforementioned sum payable under this Section 4 shall constitute liquidated damages and not penalties, and are in addition to all other rights of the Parties available to them under the dispute resolution options set forth in Section 17.

4.6. The charges of using Classic, Extra or Business bercode varies and depends on the quantity and the validity of bercodes issued by the bercode issuer. The minimum amount required for the issuance of the first batch of bercodes is contingent upon the level of the bercode, i.e.: Classic, Extra, or Business. For the details in connection with the amounts and the pricing please see Annex 1.

 

5. OTHER SERVICES

Benefit Barcode may add other services at any time. Such other services shall be considered part of the Service and may be subject to additional or different Terms of Use.

 

6. USE OF THE SITE

The User's use of the Site is governed by the legal documents available at www.bercode.com. The User understands and acknowledges that although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Benefit Barcode. Benefit Barcode shall not be responsible for any data lost while transmitting information on the Internet. It is Benefit Barcode’s objective to make the Site accessible 24 hours a day, 7 days a week, the Site may be unavailable from time to time for any reason including, without limitation, due to routine maintenance, update or upgrade. Benefit Barcode shall have the right at any time to change or discontinue any part or feature of the Site, including, but not limited to, content, hours of availability, transmission speed and requirements for access or use.

 

7. RESTRICTIONS

The User´s unauthorized use may result in the cancellation, and potential suspension or termination of the account. Without limiting the applicability of any other provisions of the Terms of Use herein, you are hereby notified that the User may not:

- Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Site or our content or our users’ content (collectively, the “Content”) or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site.

- Attempt to gain unauthorized access to any portion of the Site or any Content thereof, or any systems or networks connected to the Site, by hacking, password “mining”, or any other illegitimate means.

- Reverse look-up or trace any information of any other Site user or otherwise use the Site for the purposes of obtaining information of any other user of our Site.

- Use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Site or any Content, or any systems or networks connected to the Site, or with any other person’s use of the Site.

- Use the Site or any Content for any purpose that may directly or indirectly be competitive or potentially competitive with Benefit Barcode.

- Use the Site or any Content for any purpose that is unlawful or prohibited by the Terms of Use.

- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the Site’s systems or networks, or any systems or networks connected to the Site.

- Remove any copyright, trademark, or other proprietary rights notice contained in or on the Site.

 

8. THIRD PARTY SITES AND LINKS

We may provide links to third party websites and permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. We are not responsible for the content of linked third party websites and we do not make any representations regarding their content or accuracy. Your use of third-party websites, including, without limitation, your submission of content to such websites, is at your own risk and subject to the terms and conditions of use for such website. User acknowledges and agrees that Benefit Barcode shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource. These other websites are not under Benefit Barcode’s control, and User acknowledges that Benefit Barcode is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. We do not recommend or endorse the content of any third-party websites, and the inclusion of any such link does not imply endorsement by Benefit Barcode.

 

9. CONTENT

9.1. Benefit Barcode Content means all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation found on or associated with the Site other than User Content, defined below, including but not limited to the Site as a collective work, its design and structure. Benefit Barcode Content is owned by or licensed to Benefit Barcode and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these Terms of Use, no Benefit Barcode Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Nothing contained in these Terms of Use shall be deemed to grant to you or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors.

9.2. User Content means any content, including any text, images, photos, audio, video, and all other forms of data or communication that a user provides or submits to us or our affiliates in any way including social media, survey responses and ratings and reviews. User Content does not include any Benefit Barcode Content.

9.2.1. The User is solely responsible for User Content. By providing User Content to us the User hereby grants, and represents, and warrants that the User has all rights and authority necessary to grant, (i) Benefit Barcode and our affiliates, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sublicensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publicly perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution, and (ii) subject to the restrictions set forth in these Terms of Use, all users a perpetual, irrevocable, non-exclusive, royalty-free license and right to use, such User Content for each such user’s personal, non-commercial use. The User hereby irrevocably waives and assigns to us any and all moral rights the User may has in or with respect to any User Content the User provide to us.

9.2.2. If the User submit any idea or expression of ideas within User Content (hereinafter an “Idea”), the User further agrees as follows:

- To the best of his/her knowledge, the Idea represents his/her original work, the User has all necessary rights to disclose the Idea to us, and doing so, and our use of the Idea, will not infringe upon any third party;

- The User´s disclosure of his/her Idea does not establish a confidential relationship with us or obligate us to treat the Idea as confidential;

- We have no obligation, whether express or implied, to develop or use the User´s Idea and no compensation is due to his/her or anyone else for any use of that Idea, related Ideas, or ideas derived from his/her Idea; and

- Except to the extent these terms are superseded by a separate written agreement signed by the User and Benefit Barcode, the User hereby irrevocably release and discharge Benefit Barcode and its affiliates from any and all actions, causes of actions, claims, damages, liabilities, and demands, whether absolute or contingent, which the User now has or hereafter may have against Benefit Barcode and its affiliates with respect to the Idea.

9.2.3. Without limiting the applicability of any other provisions of these Terms of Use, the User may not post, upload, or transmit any User Content that:

- Is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise objectionable;

- Promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;

- Is false, misleading, or defamatory;

- Is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless the User is the owner of such rights or the User has the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;

- Provides personal data such as telephone numbers, home or e-mail addresses, full names or last names, or photographs;

- Involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Site;

- Falsely states or implies that such content is sponsored or endorsed by us or our affiliates;

- Contains restricted or password-only access pages or hidden pages or images;

- Involves commercial activities or sales without our express prior written consent; or

- Involves sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of Benefit Barcode’s or any third-party web provider’s servers, computers, or networks.

9.2.4. We assume no responsibility for monitoring any of the User Content and have no obligation to review the User Content. In addition, we do not guarantee the accuracy, integrity, or quality of the User Content. Nonetheless, we reserve the right, at all times and for any reason whatsoever, to edit or remove any User Content, as well as selectively publish certain User Content. The foregoing provisions apply equally to and are for the benefit of Benefit Barcode, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

10. COPYRIGHTS AND TRADEMARKS

Without limiting the applicability of any other provisions of these Terms of Use, the User may not post, upload, or transmit any User Content that is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless the User is the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein. The foregoing provisions apply equally to and are for the benefit of Benefit Barcode, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

If the User believes any User Content or any other aspect of our Site infringes his/her copyright, the User should send written notice of copyright infringement to our e-mail [javascript protected email address]

The User´s notice must meet the requirements of the Digital Millennium Copyright Act (hereinafter the “DMCA”) by providing the following information:

- A description of the copyrighted work that the User claim has been infringed;

- A description of where the material that the User claim is infringing is located on the Site;

- The User´s address, e-mail address, and telephone number;

- A statement by the User that he/she has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

- A statement by the User, made under penalty of perjury, that the above information in your notice is accurate and that the User is  the copyright owner or authorized to act on the copyright owner's behalf; and

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

If the User believes in good faith that someone has wrongfully filed a notice of copyright infringement against his/her, DMCA permits the User to send us a counter-notice. Counter-notices must meet the then-current statutory requirements imposed by the DMCA.

 

11. WARRANTY DISCLAIMER

THE SITE, ALL CONTENT, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND BENEFIT BARCODE ON BEHALF OF ITSELF AND ALL TRANSACTION INFORMATION PROVIDERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BENEFIT BARCODE MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER'S REQUIREMENTS. USER ACKNOWLEDGES THAT BENEFIT BARCODE IS NOT RESPONSIBLE FOR (I) ANY PRODUCTS OR SERVICES PROVIDED BY ANY MERCHANT, OR (II) ANY USER CONTENT OF THE AFFECTS OF SUCH CONTENT ON USER. USER'S USE OF THE SERVICE IS SOLELY AT USER'S OWN RISK. BENEFIT BARCODE DISCLAIMS ANY AND ALL WARRANTIES FOR THIRD PARTY GOODS AND SERVICES RECEIVED THROUGH, OR IN CONNECTION WITH, OR ADVERTISED ON, THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to the User insofar as they relate to implied warranties.

 

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL BENEFIT BARCODE, THE TRANSACTION INFORMATION PROVIDERS, OR ANY OF ITS OR THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MERCHANTOR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES, HOWEVER ARISING, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, REGARDLESS OF THE SOURCE OF ORIGINATION, (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT OR INFORMATION POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, (IV) FOR ANY PARTICIPATING MERCHANT'S PRODUCTS, SERVICES, OFFERS, REWARDS OR ACTIVITIES, (V) FOR ANY DIRECT DAMAGES IN EXCESS OF IN THE AGGREGATE $100.00 (ONE HUNDERD US DOLLARS), OR (VI) FOR ANY DAMAGES RELATED TO ANY MATTERS BEYOND ITS REASONABLE CONTROL, SUCH AS ANY THIRD PARTY "HACKING", ISP OUTAGES, ETC. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE.

In addition, Benefit Barcode shall not be liable for any loss or liability resulting, directly or indirectly, from User's inability to access or otherwise use the Site, including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems or utility failures.

 

13. PRIVACY POLICIES AND COPPA

Our Site is not directed to children under the age of 18 (in some jurisdictions, this age limit may be higher). We do not knowingly collect personal information from children under the age of 18, nor do we knowingly distribute such information to third parties. For the detailed information, please see Benefit Barcode’s Privacy Statement

 

14. INDEMNIFICATION

The User agrees to defend, indemnify, and hold Benefit Barcode and our affiliates harmless from and against any demands, loss, liability, claims, damages or expenses, including reasonable attorneys’ fees and costs, made against us by any third party due to, arising out of, or related to (i) his/her access to the Site or part thereof, (ii) User’s use or misuse of the Site, (iii) any User Content posted, uploaded or transmitted, or otherwise contributes by the User, (iv) his/her use or distribution of any User Content, (v) his/her violation of our Terms os Use, (vi) any use of the User username by his/her or any third party, (vii) the infringement or other violation by the User, or any third party using your account or username, of any intellectual property or other right of any person, or (viii) gross negligence or willful misconduct,

 

15. TERMINATION

In addition to exercising other remedies that may be available, we may, at any time, terminate the User´s account or suspend or prohibit his/her access to the Site without prior notice to the User for violating any of the Terms of Use or for any other reason.

 

16. NOTICES

We may send to the User notice with respect to the Site by sending an e-mail to the e-mail address listed in his/her account, by sending a letter via postal mail to the contact address listed in his/her account, or by posting on the Site. Notices shall become effective immediately. Any notices will be deemed delivered to the party receiving such communication (i) one business days after deposit with an overnight carrier, (ii) three business days after mailing date if sent by postal mail, (iii) the date we post the notice to the Site, or (iv) the date of transmittal if sent via e-mail.

 

17. DISPUTE RESOLUTION

The location of any dispute resolution, by arbitration or litigation, shall be in Los Angeles, California. Similarly, any action to enforcement an arbitration award must be brought in the state courts of the State of California located in Los Angeles County, California. The User irrevocably consents to the jurisdiction of the aforementioned courts.

17.1. Arbitration

All disputes or claims arising out of or relating in any way to the User visit to the Site, his/her purchase, redemption or use of any of our Services, our Terms of Use or our privacy policies shall be resolving by binding arbitration, rather than in court, except for matters that the User may bring to small claims court. The User acknowledges that he/she is foregoing his/her right to a trial by jury, and will not proceed in a lawsuit in state or federal court. Arbitration will be conducted by the American Arbitration Association (hereinafter “AAA”) pursuant to the AAA Commercial Arbitration Rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, where applicable, and be governed by the Federal Arbitration Act. The arbitrator shall honor the Terms of Use, follow applicable laws, and can issue reasonable relief, including monetary damages as well as injunctive, declaratory or statutory mandated relief.

17.2. No Class Action

All arbitration proceedings shall be individual arbitration. The User expressly agrees that no other claims may be joined with his/her claims. The User further agrees that he/she has voluntarily waived the right to file or join a lawsuit in state or federal court, a right to a jury trial, and the right to file or join a class action lawsuit, and expressly acknowledge that the parties reject class arbitration. Neither the User nor we shall be entitled to join, sue on behalf of a putative class or consolidated claims, or arbitrate any claim as a representative or in a class action. If any part of this Section of these Terms of Use, with the exception of the waiver of class action or class arbitration, is deemed invalid or unenforceable by any arbitrator or court, that provision shall be severed and the balance of these Terms os Use shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not included. If the class action or class arbitration waiver is found to unenforceable, then the entire arbitration provision shall be null and void.

 

18. GOVERNING LAW

Our Terms of Use are governed by and construed in accordance with the internal laws of the State of California, without regard to its conflicts of law provisions. The User agrees to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its use is illegal is prohibited.

 

19. WAIVER

Any failure by Benefit Barcode to enforce or exercise any provisions of these Terms os Use shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by the User or others does not waive our rights to act with respect to subsequent or similar breaches.

 

20. MISCELLANEOUS TERMS

These Terms of Use represent the entire agreement between the User and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of these Terms of Use are held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in and the remaining portions of these Terms of Use shall continue in full force and effect.

 

21. ANNEXES

The present Terms of Use include as integrals parts Annex 1 on Pricing and any other Annexes and detailed terms that are available on the Legal Notice website. Their list is as follows:

 

Annex 1 – Service Fees

Annex 2 – Rules concerning bercode issuers

Annex 3 – Rules concerning bercode merchants

Annex 4 – Rules concerning bercode owners

Annex 5 – Rules concerning bercode balance, method of payment and invoicing

Cookie guidelines

End-user License Agreement

Social Media Guidelines

Privacy Statement

California Privacy Rights

Mobile Service Terms

Agreement on Reseller Business Solutions

Data transfer agreement

Annex No. 1. - Service fees

 

I. Bercode service fees

  • Free services: We provide BASIC and LIGHT level bercodes free of charge.
  • Chargeable services: We provide CLASSIC, EXTRA and BUSINESS level bercodes for the following charges:

 

The monthly fee for the use of CLASSIC level bercode varies according to the quantity released, as follows. If you increase the time validity (for 2-36 months) of the given bercode level (Classic, Extra, Business), the number of User(s) (bercode owners) will decrease accordingly. The unit prices shown do not include taxes.

 

 

Above 1.200.000 monthly CLASSIC units the flat fee for the service:                        120 000 USD

Above 1.200.000 monthly EXTRA units, the flat fee for the EXTRA level bercode service is one and a half times the flat fee for the CLASSIC level bercode service, i.e. 180 000 USD.

Above 1.200.000 monthly BUSINESS units, the flat fee for the BUSINESS level bercode service is double of the flat fee for the CLASSIC level bercode service, i.e. 240 000 USD.

 

I.a. Minimum one-time purchasing amounts for the first bercode issuing

  • A bercode issuer can issue CLASSIC level bercode by purchasing a minimum of USD 100 worth of bercode credits on the Bercode Platform at a time.
  • A bercode issuer can issue CLASSIC and EXTRA level bercode by purchasing a minimum of USD 300 worth of bercode credits on the Bercode Platform at a time.
  • A bercode issuer can issue CLASSIC, EXTRA and BUSINESS level bercode by purchasing a minimum of USD 1500 worth of bercode credits on the Bercode Platform at a time.

 

I.b. Automatic Bercode usage fee

  • If the Issuer issues Bercode(s) in addition to the previously available Bercode range, then the Bercode usage fee is provided by the Service Provider at a basic price corresponding to that particular Bercode level, until the Issuer orders and pays another Bercode range.

 

II. Minimum prices for Bercode owners (USD)

Validity

BASIC

LIGHT

CLASSIC

EXTRA

BUSINESS

1 day

0

0.75

1.50

3.00

6.00

2 days

0

1.25

2.50

5.00

10.00

3 days

0

1.50

3.00

6.00

12.00

5 days

0

2.25

4.50

9.00

18.00

7 days

0

2.50

5.00

10.00

20.00

10 days

0

3.00

6.00

12.00

24.00

14 days

0

4.25

8.50

17.00

34.00

1 month

0

6.00

12.00

24.00

48.00

2 months

0

8.75

17.50

35.00

70.00

3 months

0

11.00

22.00

44.00

88.00

4 months

0

12.50

25.00

50.00

100.00

6 months

0

16.00

32.00

64.00

128.00

12 months

0

25.00

50.00

100.00

200.00

18 months

0

31.75

63.50

127.00

254.00

24 months

0

38.50

77.00

154.00

308.00

36 months

0

50.00

100.00

200.00

400.00

 

III. Actual production costs

 

  • Production cost of cards with retransfer technology:                 3.00 USD / pce
  • Production cost of cards with offset printing technology in one batch, with the same design, printed on both sides with 4+4 colors:
 

from 100 pieces:

3.00 USD / pce

 

from 150 pieces:

2.49 USD / pce

 

from 200 pieces:

2.07 USD / pce

 

from 350 pieces:

1.72 USD / pce

 

from 500 pieces:

1.42 USD / pce

 

from 700 pieces:

1.18 USD / pce

 

from 1 000 pieces:

0.98 USD / pce

 

from 1 500 pieces:

0.81 USD / pce

 

from 2 000 pieces:

0.68 USD / pce

 

from 3 500 pieces:

0.56 USD / pce

 

from 5 000 pieces:

0.47 USD / pce

 

from 7 000 pieces:

0.39 USD / pce

 

from 10 000 pieces:

0.32 USD / pce

 

from 15 000 pieces:

0.27 USD / pce

 

from 20 000 pieces:

0.22 USD / pce

 

from 35 000 pieces:

0.18 USD / pce

 

from 50 000 pieces:

0.15 USD / pce

 

from 70 000 pieces:

0.13 USD / pce

 

from 100 000 pieces:

0.10 USD / pce

     

III.1. Registration fee (submission of variable data)

  • 4 colors (e.g. photo or special logo):                              0.60 USD / side / pce
  • Gold, silver, white, blue, red or green color:                  0.16 USD / side / pce
  • Black color:                                                                         0.08 USD / side / pce

 

III.2. Fee of the validation sticker

Removable, vinyl based sticker:                                             0.04 USD / pce

 

IV. Types and rates of provided benefits

 

Service level: BASIC             
Discount rate: Half of regular discounts at 81.00 Points of Acceptance
Number of available communities (bercode issuers): 1
 

Service level: LIGHT          
Discount rate: Discounts at 81.00 Points of Acceptance
Number of available communities (bercode issuers): 2
 

Service level: CLASSIC       
Discount rate: Discounts at 1,131.00 Points of Acceptance
Number of available communities (bercode issuers): 10
 

Service level: EXTRA      
Discount rate: Discounts at 1,131.00 Points of Acceptance
Double discounts at 258.00 Points of Acceptance
Number of available communities (bercode issuers): 20

 

Service level: EXTRA      
Discount rate: Discounts at 1,131.00 Points of Acceptance
Double discounts at 258.00 Points of Acceptance
Number of available communities (bercode issuers): unlimited number

 

V. Administative costs

Each transferring of funds from bercode account to a bank account                      10 USD

Annex No. 2. - Rules applicable for bercode issuers

 

1. Generation of bercode

1.1. Benefit Barcode generates bercode(s) based on a unique order placed by the bercode issuer through the Platform. The bercode issuer can specify the level, validity period and quantity of the bercode ordered when placing his/her individual order.

 

2. Bercode usage fee

2.1. The current bercode license fees are included in Annex 1. The prices in the Schedule of Fees are net prices and exclusive of any taxes imposed by the state of the place of sale.

2.2. Benefit Barcode reserves the right to unilaterally modify the current bercode usage fees as shown in the Schedule of Fees. Benefit Barcode informs the bercode issuer of the modification of the bercode license fees with a notice sent via the issuer administration interface of the Benefit Barcode system 8 days before the modification. The first order of the bercode issuer after the date of modification of the bercode usage fees constitutes acceptance of the fee change.

2.3. Benefit Barcode reserves the right to enter into an individual agreement with the bercode issuer in respect to the bercode usage fees at prices different from the prices specified in Annex 1.

2.4. The bercode issuer may initiate the issuance of the bercode at any time after the usage fee has been paid. Should the bercode issuer have paid the bercode usage fee for more pieces of bercode than they actually used, the bercode issuer may use any unused bercode usage fee in subsequent years without limitation.

 

3. Bercode credit order

3.1. Bercode issuers have the option to buy a bercode credit. The bercode credit itself cannot be used on the Site, as it does not create a bercode that provides an actual discount. However, the "pre-filling" of the bercode credit allows the bercode issuer to make a greater profit when selling bercode bearers by purchasing bercode o(s) at a lower unit price on the Site.

3.2. The bercode level specified by the Issuer in the order the system is converted by the system into the CLASSIC level bercode limit after the order, based on the quantity and the validity, to be cashed for bercodes of any level (EXTRA or BUSINESS) and validity.

 

4. Validity of bercodes

A bercode is valid for a maximum of 40 months from the date of code generation. The bercode can be used from the date of its generation by the Site until the expiry date of the last day of the validity period.

 

5. Methods of use by bercode issuers

5.1. Bercode issuers can freely dispose of their bercode generated through the Site, as it becomes the bercode issuer’s property after the generation and the payment of the bercode usage fee, if any.

5.2. The bercode issuer will display the bercode on a bercode medium and may transfer ownership of the bercode medium with the bercode medium, free of charge or for a consideration.

5.3. Should the bercode and/or the bercode carrier be transferred together, the new bercode owner can use the benefits due based on the bercode without registering in the Site. Simultaneously with the transfer, the bercode issuer must inform the new bercode owner that upon acquiring the title they will be subject to the current Terms of Use; bercode issuer must also inform the new bercode owner about how and where the present Terms of Use can be viewed. Benefit Barcode disclaims liability for any damage arising from any failure of this obligation to supply information.

5.4. Modes of the bundled transfer of the bercode and/or the bercode carrier:

  • On the Bercode Webshop interface provided to the bercode issuer in the Site (9. Sales service in the Bercode Webshop)
  • Sale on the bercode issuer’s own webshop interface outside the Site (6. Rules of sales by bercode issuers)
  • Other ways of sale (in shops, meet-and-greet, etc.) (6. Rules of sales by bercode issuers)

5.5. Ways to visualize the bercode on bercode carriers:

  • By using the Benefit Barcode Inc. printing service (7. Bercode carrier printing)
  • Bercode issuer’s own production

 

6. Rules of sales by bercode issuers

6.1 The bercode issuer is entitled to sell the bercode carriers virtually or physically at the purchase price determined by the bercode issuer through the Site (Bercode webshop) and outside the Site (Own webshop, other sales method).

6.2. In the event of a sale by the bercode issuer either through or outside the Site, the net purchase price of the bercode or the combined net purchase price of the bercode and the bercode carrier may not be less than the minimum net purchase prices specified in Section II of Annex 1.

6.3. Benefit Barcode reserves the right to unilaterally modify the minimum net purchase prices as determined in Annex 1. Benefit Barcode  informs the bercode issuer of the modification of the fees with a notice sent via the bercode issuer interface of the Site 8 days before the modification. The first order of the Issuer after the date of modification of the minimum purchase prices constitutes acceptance of the fee change.

6.4. Exceptions to the minimum purchase price:

  • Should the prospective bercode owner buy any product or service from the bercode issuer for double the minimum purchase price specified in Annex 1, the bercode issuer may sell their bercode to such a customer for any amount or even transfer it for free.
  • Should the price of the product or service to be purchased by the prospective bercode owner from the bercode issuer be less than double of the amounts specified in Annex 1, the bercode issuer may sell their bercode for a sum of half of the minimum price of the product/service + the price of the given bercode level and validity based in Annex 1.
  • Benefit Barcode reserves the right to enter into an individual agreement with the bercode issuer to deviate from the above rules.
     

7. BERCODE-CARRIER PRINTING

Benefit Barcode undertakes to print the following bercode carriers based on an individual order placed by the bercode issuer:

  • Card
  • Key fob
  • Sticker

The raw material of the card and the key fob is plastic cards. The key fob can be broken into 3 parts so, in the case of the key fob, any multiple of 3 can be ordered. The sticker is a self-adhesive bercode carrier printed on vinyl.

The bercode carrier produced by Benefit Barcode to the order of the bercode issuer is the property of the bercode issuer until the moment of transfer.

7.1. How to order

7.1.1. The bercode issuers may send to Benefit Barcode their order for printing cards under the “Card Management” menu item, their order for printing stickers under the “Sticker Management” menu item and their order for printing key fobs under the “Key Fob Management” menu item on the issuer interface available on the Site.

7.1.2. To place an order for the printing of cards and key fob release, the bercode issuer is required to upload the graphics of the card or key fob they wish to be printed on the Site (in the event of a repeat order, the previously uploaded artwork should be indicated).

7.1.3. If the bercode carrier designed by the bercode issuer has unique data, the bercode issuer is obliged to provide Benefit Barcode with the necessary data (names, serial numbers, etc.) for personalisation. The order can be placed if the bercode issuer has a sufficient bercode credit, or in the case of offset cards, a card stock or balance, from which Benefit Barcode can deduct the fees for the personalization and bercode usage. During the process, the bercode issuer can select the graphic to be printed for cards and key fobs, and for any bercode carrier, the level of bercodes they wish to generate and the validity period of the bercodes. In the case of multiple orders, the bercode issuer must provide the data in tabular form on the interface. For the production of face cards (or cards containing individual photos), the face images must be provided to Benefit Barcode in separate files, uploaded in one file after zip compression, with the data in the spreadsheet indicating exactly which name belongs to which face image.

7.1.4. Card set order: bercode issuers have the option to order card sets in advance in the “Order card set” submenu item. A card set in itself cannot be used in the system, as it does not contain the bercode authorizing the discount. Pre-ordering card sets in advance allows the bercode issuer to make a bigger profit on the issuing of the cards by minimizing the production cost of the cards.

7.1.5. Cards can be validated in two ways, that is, through printed validation or sticker order. The bercode issuer can specify the card validation method when they upload the card graphics into the system.

7.1.6. Bercode issuers understand that should the dedication of the bercode carrier with a pre-printed validity not be made by Benefit Barcode, they are required to claim a bercode after the approval of the graphics of the bercode carrier by Benefit Barcode in order to use the discounts.

7.1.7. Bercode issuers may fully delete previous orders available on the administrative interfaces. The Site will send a notice concerning the data deletion initiated by the bercode issuer to the bercode issuer with a copy to all other users registered in the system. The bercode issuer understands that by making the deletion they forfeit their right to subsequent complaints regarding the deleted orders.

7.2. Graphic design

7.2.1. Bercode issuers can design their custom graphics to be placed on cards or key fobs in the Card graphics submenu item. The graphics can be custom drawings, designs, edited images, photos, etc.

7.2.2. Benefit Barcode will produce the graphics designed by the bercode issuer only after approval.

7.2.3. Benefit Barcode Inc. examines the graphics designed and uploaded by the bercode issuer within few minutes, the latest in 3 days of uploading to the Site. The graphics will be approved should they be appropriate, otherwise production will be refused by using the respective graphics. Benefit Barcode notifies the bercode issuer of the refusal of production on the bercode issuer interface within 3 days from the date of uploading the graphics into the system. Production by using the relevant graphics may be refused should the graphics be obviously against good morals or unlawful (for example, they are indecent, display sexual content or explicit consumption of alcohol or tobacco products, or contain religious, political, or other totalitarian symbols/signals).

7.2.4. Benefit Barcode is not responsible for the content of the graphics it has approved. The bercode issuer may order production only and exclusively by using graphics that they are authorized to use and distribute to the extent that the graphics do not violate the law. Benefit Barcode is not responsible for graphics infringing intellectual property or privacy rights, or which are otherwise unlawful.

7.2.5. By accepting the current Terms of Use, the bercode issuer understands that by printing or publishing (disclosing) the graphics uploaded in the Site the bercode issuer shall bear all liability for any privacy or copyright infringement, as well as for the content of the graphics and the dedication data provided by the bercode issuer, including financial liability for the infringement.

7.3. Types of available cards

7.3.1. Cards made using re-transfer technology

All variable data are also printed individually on the card.

7.3.2. Cards made using offset technology

The cards are produced with the fixed graphic elements, etc., and all the variable data is printed on afterwards during the so-called personalisation process.

7.4. Printing fees

7.4.1. The following fees apply to printing:

     1. Base card production fee (only for offset cards)
     2. Personalisation fee (for variable data upload)
     3. Validation sticker fee

7.4.2. The current net prices of the various printing rates are included in Section III Annex 1.

7.4.3. Benefit Barcode reserves the right to unilaterally modify the printing fees as determined in Annex 1. Benefit Barcode informs the bercode issuer of the modification of the Annex 1 with a notice sent via the bercode issuer interface of the Site 8 days before the modification. The first order of the Issuer after the date of the modification of the card production fees constitutes acceptance of the fee change.

7.4.4. Benefit Barcode reserves the right to enter into an individual agreement with the Issuer in respect to the bercode usage fees at prices different from the prices specified in this Clause.

7.5. Method of payment

7.5.1. The printing fees are payable by using the method of payment in Annex 5 of the present Terms of Use.

7.5.2. Benefit Barcode will start printing activities only after deducting the printing fees and the usage fees from the bercode issuer’s balance.

7.6. Performance of orders

7.6.1. Benefit Barcode undertakes to fulfill orders for printing with the following deadlines after the payment of the consideration for the service:

  • Plastic cards made with offset technology    4 weeks
  • Printing of revalidation stickers                    8 working days

(up to 50 thousand pieces per working day can be printed)

  • Dedication                                                     8 working days

(for one color only, up to 5 thousand pieces per working day can be produced)

(for four colors (full color), not more than 500 pieces per working day can be produced)

7.6.2. Benefit Barcode will inform the bercode issuer of the completion of printing by sending an electronic notice via the interface of the Site.

7.6.3. The bercode issuer is required to indicate how they wish to receive the printed bercode carrier(s) on the administration interface when it places the order.

7.6.4. Available delivery methods:

  • At a pickup point

Benefit Barcode delivers the manufactured products to the pickup point specified by the bercode issuer. Delivery costs are payable by the bercode issuer to Benefit Barcode  together with the value of the services ordered. Delivery costs depend on the pricing of our logistics partner chosen by the bercode issuer when placing the order.

  • Home delivery

Benefit Barcode delivers the manufactured products to the delivery address specified by the bercode issuer. Delivery costs are payable by the bercode issuer to Benefit Barcode together with the value of the services ordered. Delivery costs depend on the pricing of our logistics partner chosen by the Issuer when placing the order.

 

8. DISCOUNT SERVICES

8.1. General provisions

8.1.1. Benefit Barcode provides the system offering discounts based on voluntary accession within the framework of the service developed by it, in which the Merchants and the Priority Merchants give a discount and/ot other benefits corresponding to the given bercode level at their Points of Acceptance shown on the Site after purchases made by using the BASIC, LIGHT, CLASSIC or EXTRA BUSINESS level bercode generated through the Site.

8.1.2. The discounts and levels of discounts provided by the BASIC, LIGHT, CLASSIC or EXTRA BUSINESS level bercodes are included in Section IV of  Annex 1.

8.1.3. The discount service, is exclusively linked to the bercode generated in the Site and the services can be used by the bercode issuer by generating the bercode, and by the bercode owner by holding the bercode in possession, respectively.

8.1.4. Bercode issuers are authorized to disclose information on their involvement in the SIte on their own websites or any other forums should, in the case of the CLASSIC, EXTRA, and BUSINESS level bercodes, they have paid the minimum usage fee of the bercodes ordered for Benefit Barcode or authorised in writing by Benefit Barcode.

8.2. Service fee

Barcode Benefit does not charge a separate fee for using the Site providing the discount either to the bercode issuer or the bercode owner. The bercode usage fee payable by the bercode issuer includes the usage fee of the discount system as well.

8.3. Acquisition commission

8.3.1. Based on the provision of Annex 3 of the present Terms of Use concerning the Priority Merchant partners, Benefit Barcode is entitled to an acquisition commission from the Priority Merchant partners at the rate offered by the given Priority Merchant partner and not less than 3 per cent (except for fuels) after the discounted amount of any purchase made by using the bercode.

8.3.2. Benefit Barcode shall pay 1/3 (one third) of the acquisition commission credited to its bank account to the bercode issuer that generated the bercode used for the purchase, by Benefit Barcode crediting the amount corresponding to the portion of the acquisition commission payable to the bercode issuer's balance on the Site.

8.3.3. Benefit Barcode Inc. will pay another 1/3 (one third) part of the acquisition commission credited on its bank account to the bercode issuer generating the bercode used by the given Priority Merchant partner in such a way that Benefit Barcode will credit an amount corresponding to the part payable from the acquisition commission to the balance of the Issuer generating the bercode recorded in the Site.

8.3.4. If the acquisition commission amount is not credited to Benefit Barcode's bank account by the 30th (thirtieth) day after the purchase, Benefit Barcode reserves the right to reduce the balance of the bercode issuer by the amount of the commission already credited.

8.3.5. Benefit Barcode provides for the viewing and monitoring of the turnover data of purchases using the bercode generated by the given bercode issuer on the administration interface of the Site. Should there be a change in the bercode issuer’s balance, Benefit Barcode will inform the bercode issuer of the change in the balance with a notice sent via the Site.

 

9. SALE IN THE BERCODE WEBSHOP

Benefit Barcode provides webshop sales services to the bercode issuer in the Site. Using the bercode issuer’s interface in the Site, protected by their own password, the bercode issuer can access the bercode they own and the bercode carrier containing the bercode, and upload them into the Bercode Webshop for sale. (The bercode intended to be sold by the bercode issuer hereinafter is collectively termed, the “Product”.)

The bercode issuer may publish the website address of the bercode webshop on its own website or in any other form.

The Products uploaded by the bercode issuer to the bercode webshop can be viewed by a Customer who is not registered on the Site, but a purchase from the bercode webshop is considered as registration for a new User.

9.1. Rules concerning the bercode issuer

9.1.1 Benefit Barcode will provide each bercode issuer on the Site with a separate bercode webshop interface, not accessible by any other bercode issuer within the Site, accessible via bercode.com/[bercode issuer webshop "alias" name], which is a separate website from the bercode webshop interface of any other bercode issuer and which can only be accessed by that bercode issuer from its password-protected issuer administration interface. Only Products uploaded by the bercode issuer are visible in the bercode webshop of that bercode issuer.

9.1.2 The bercode issuer may choose any name for the "alias" of the bercode webshop that is not used by others. If the "alias" name corresponding to the name or artist name of the bercode issuer is used by another bercode issuer within the bercode webshop without authorisation, the bercode issuer may report this unauthorised use to Benefit Barcode by means of a message sent via the Site.

9.1.3. Bercode issuers can customize the details and design of their bercode webshop in the bercode issuer administration interface, where they can enter their profile picture, cover image and general introductory text.

9.2. Method of ordering the service

9.2.1 If the bercode issuer wishes to sell its Products through the Site, by uploading the Products to the bercode webshop, it gives Benefit Barcode an order to sell the Products in the bercode webshop for the benefit of the bercode issuer. The order to sell the Products on the bercode webshop is created by uploading the Product to the bercode webshop between Benefit Barcode and the bercode issuer.

9.2.2. The bercode Issuer can upload new Products to the bercode webshop from the "Webshop" menu available in the bercode issuer administration interface on the Site. When uploading a new Product, the bercode issuer can configure whether the Product can be ordered by a Buyer who purchases the Product in the bercode Webshop with the graphic uploaded by the Buyer, or, if so enabled, whether the Buyer wishes to approve the graphic uploaded by the Buyer. When uploading the Product, the bercode issuer shall specify the purchase price of the Product in the currency of its choice, taking into account the minimum prices mentioned above, as well as the description of the Product. The bercode issuer may indicate in the comments to the graphics, inter alia, the services and discounts it has undertaken to provide for the Product.

9.3. Rights and obligations of the Parties

9.3.1.A contract of trust for the sale of the order given by the bercode issuer to Benefit Barcode as set out in clause 9.2. is concluded between the bercode issuer as the Principal and Benefit Barcode as the Trustee. In the case of a commission for sale, Benefit Barcode shall be entitled and obliged to conclude a contract of sale with the Buyer in its own name and for the benefit of the bercode issuer and to transfer the ownership of the Product to the Buyer by way of sale after payment of the purchase price predetermined by the bercode issuer.

9.3.2 The contract of sale concluded by Benefit Barcode on the basis of the contract of trust shall give Benefit Barcode the right and bind it vis-à-vis the Buyer who contracts with it. Benefit Barcode shall produce (print) the Product that the bercode issuer has agreed to produce for purchase by the Customer under these Terms of Use, shall name the Product as the Customer may specify, and shall deliver the Product to the Customer in a manner of the Customer's choosing and shall transfer title to the Product to the Customer upon delivery. Benefit Barcode shall be entitled to receive the purchase price paid by the Buyer and shall account to the bercode issuer for the purchase price paid by the Buyer by crediting the purchase price to the bank account of Benefit Barcode no later than 10 days after the date of crediting the purchase price to the bank account of the bercode issuer by crediting the remaining amount of the purchase price, after deducting the sales charges as set forth in Section 9.5, to the balance of the bercode issuer's Site.

9.3.3 Benefit Barcode shall be entitled and obliged to conclude a sales contract on behalf of the bercode issuer and to manufacture, transfer title to and deliver the Product and to receive the purchase price in the course of the performance of the sales contract only, all other obligations being incumbent on the bercode issuer.

9.3.4. The bercode issuer's administration interface, under the menu item "Finances", shall provide the User with information on the sales data of your own webshop and the balance available to you, with a time delay of up to 2 working days due to the synchronisation of data.

9.3.5. The bercode issuer acknowledges that if the Buyer withdraws from the sales contract, Benefit Barcode will be obliged to repay the purchase price to the Buyer. The bercode issuer acknowledges that in the event of withdrawal by the buyer, Benefit Barcode shall be entitled to deduct the purchase price refunded to the buyer from the balance of the bercode issuer. If the bercode issuer does not have a balance available from which the purchase price so refunded can be deducted, Benefit Barcode shall be entitled to invoice the bercode issuer for the amount not covered by the balance, which the bercode issuer shall pay to Benefit Barcode within 8 days.

9.3.6. The bercode issuer acknowledges that Benefit Barcode shall not be liable for any copyright or moral rights infringement of the graphics on the bercode issuer's Product. At the request of the person whose copyright or moral rights have been infringed, Benefit Barcode will remove the Product from the bercode webshop of the bercode issuer within 15 days of the date of the proof of infringement until the dispute is settled.

9.4. Purchase price

9.4.1. The purchase price of the Products uploaded by the bercode issuer into the Bercode Webshop for sale is determined by the bercode issuer, taking into account the minimum purchase prices mentioned above.

9.4.2. Barcode Benefit may sell the bercode issuer’s Products only at the purchase price determined by the bercode issuer in their Bercode Webshop and Benefit Barcode may not deviate from the purchase price specified by the bercode issuer. Benefit Barcode is liable for any damage arising from any sale for a purchase price other than the purchase price specified by the bercode issuer except in cases when, despite all their diligence, an incorrect price is stated in the Bercode Webshop due to a Site error or any other reason.

9.4.3. Should the bercode issuer intend to sell the Product in the Bercode Webshop but specifies a net purchase price below the minimum purchase prices, the Site will alert the bercode issuer that an inappropriate purchase price was entered, it is therefore necessary to modificate it.

9.4.4 If the bercode issuer intends to sell the Product outside the bercode webshop, in its own webshop or by other sales channels, but specifies a purchase price below the minimum purchase price as the net purchase price of the Product, the bercode issuer shall pay a lump sum compensation of 100,000 dollars (One hundred thousand dollars) to Benefit Barcode. Benefit Barcode will notify the bercode issuer through the Site of any violation of the bercode issuer's minimum purchase price rule. Benefit Barcode will deduct the amount of the lump sum compensation from the bercode issuer's available balance on the Site within 5 days of the date of sending the notification of the violation of the minimum purchase price rule to the bercode issuer. If the bercode issuer does not have sufficient balance to deduct the lump sum compensation, Benefit Barcode shall issue and send to the bercode issuer an invoice for the amount of the lump sum compensation not covered by the balance, and the bercode issuer shall pay the amount of the invoice to Benefit Barcode within 8 days.

9.4.5 In view of fluctuations in the exchange rate between different currencies, Benefit Barcode shall allow a variation of up to 10% of the net purchase price indicated by the bercode issuer from the minimum purchase price to the price in US dollars. In the event of a deviation of 10% or less of the purchase price from the minimum purchase price due to exchange rate fluctuations, Benefit Barcode will not apply the lump sum compensation.

9.5. Cost of sale

9.5.1 Benefit Barcode may charge the bercode issuer the following rates for the sale of the Product in the bercode webshop as a sales charge according to the Fee Schedule in Annex 1:

  • Bercode usage fee (for CLASSIC, EXTRA and BUSINESS level bercodes, in case the bercode issuer did not have a bercode credit)
  • Bercode carrier printing fee (if the Customer requests the Product not only virtually)
  • Delivery costs (if the Customer does not only request the product virtually)

9.5.2 Benefit Barcode shall be entitled to deduct the bercode usage fee from the Sales Charges charged under this clause from the purchase price of the Product paid by the Customer (any printing and shipping costs shall be paid by the Customer in addition). Benefit Barcode will credit the portion of the Product purchase price less the bercode usage fee to the balance on the bercode issuer's administration interface within 5 days of the date the Product purchase price is credited to Benefit Barcode's bank account.

9.5.3 Benefit Barcode reserves the right to modify the rates of the Sales Charges indicated in this clause. The Site will inform the bercode issuer of any changes to the Fee Schedule by electronic means via the administration interface 8 days prior to the change.

9.5.4 If the bercode issuer does not declare its acceptance of the charges by the day prior to the date of the change to the Sales Charges, the change to the charges shall be deemed to have been accepted by the bercode issuer on the date of the change to the Sales Charges. If the bercode issuer declares in writing that it does not accept the Cost Modifications on the day prior to the Cost Modification Date, this shall be deemed a termination of the Sales Service on the bercode Web Store and Benefit Barcode shall remove the bercode issuer's Products from the bercode Web Store. Benefit Barcode shall fulfill any Customer orders placed or bercode issuer invoices submitted up to the date of the Sales Charge Modification at the previous cost.

9.5.5 Benefit Barcode reserves the right to enter into an individual agreement with the bercode issuer regarding the Sales Charges.

 

10. SPECIAL DATA PROCESSING RULES APPLICABLE TO BERCODE ISSUERS

10.1 By creating a bercode issuer profile, the User declares that he/she has read and accepts the "General Terms and Conditions for Data Transfer Agreement" applied by Benefit Barcode pursuant to Article 46 (2) c) of the GDPR for the purpose of data transfers to the USA. Without acceptance of the "General Terms and Conditions for Data Transfers", it is not possible to use the "bercode issuer services".

10.2 The bercode issuer declares that the prospective owners of the bercodes issued by it have given their consent to the use of the bercode data automatically transmitted by Benefit Barcode, in the sub-menu item Financial Transactions-Rewards of the bercode issuer's administration interface, for the identification of purchases made with the bercodes transferred to them, for its own marketing purposes.

10.3 The bercode issuer acknowledges that in the event that Benefit Barcode uses the purchase and bercode data without the consent of the bercode holder and, as a result, the bercode holder's rights are infringed or the bercode holder suffers damage, the bercode issuer shall be fully liable.

10.4 The bercode issuer undertakes to immediately remedy any infringement of the bercode holder's rights in connection with the use of specific purchase data or bercodes issued by it and to compensate the bercode holder for any damage caused to the bercode holder.

Annex No. 3. - Rules applicable for bercode merchants

1. COOPERATION AS A BERCODE MERCHANT

1.1. Conditions of becoming a Bercode Merchant

A User registered in the Benefit Barcode system may become a Bercode Merchant (hereinafter “Merchant”), who

  • have a valid bercode (obtained or purchased from a bercode issuer)
    and
  • has an Acceptance Point where it offers discounts or additional benefits from the total amount of purchases made by bercode owners who present their bercodes.

1.1.1. Should all the conditions in Clause 1.1. be fulfilled, the Merchant may choose from among the Issuing Partners depending on the bercode level in their possession, subject to the following limitations:

  • With the BASIC level bercode              1 bercode issuer can be chosen
  • With the LIGHT level bercode               2 bercode issuers can be chosen
  • With the CLASSIC level bercode         10 bercode issuers can be chosen
  • With the EXTRA level bercode             20 bercode issuers can be chosen
  • With the BUSINESS level bercode       an unlimited number of bercode issuers can be chosen

1.2. Bercode Merchant Profile

1.2.1. Should all the conditions in Clause 1.1. be fulfilled, the User can create a Merchant profile in the Site and must record the busness data of the company.

1.2.2. The Merchant can change the discount offered by him or suspend providing the discount. A User who has become a Merchant can access their Merchant’s profile from the interface created earlier during their registration as a User with their valid password.

1.2.3. By creating the Merchant’s profile, Users understand that they have used the service for cooperation with the Merchant and, therefore, the provisions of the present Terms of Use concerning cooperation with Merchants apply to them as from the creation of the profile.

1.2.4. The Merchant is responsible for the correctness and authenticity of the data provided when creating the Merchant’s profile and uploading the Point(s) of Acceptance. Benefit Barcode does not bear responsibility for any damage resulting from inaccuracy or falsity of the data.

1.2.5. Benefit Barcode is entitled to reject, at its own discretion, the creation of the Merchant’s profile without justification. Benefit Barcode informs the User who wishes to create a Merchant’s profile of the rejection with a notice sent via the Site within 48 hours after the creation of the profile. Should the creation of the profile be rejected, the Merchant’s profile will not be validly created.

 

2. Bercode Merchants

2.1. Any location engaged in commerce or offering a service owned or operated by the Merchant (shop, webshop, commercial or service unit, etc.) can become a bercode Point of Acceptance (hereinafter “Point of Acceptance”), which the Merchant designates as a Point of Acceptance in the Site and where the Merchant gives a discount to the bercode owner holding bercode for their shopping.

2.2. The Merchant is required to provide the data of the Point of Acceptance when the Point of Acceptance is uploaded into the Site.

2.3. Only the data of those Points of Acceptance will be public in the Site in which the Merchant uploaded them provided their bercode used for joining when they created their Merchant’s profile.

2.4. Should the validity of the bercode have expired or should there be no bercode, Benefit Barcode will suspend the publishing of all Points of Acceptance of the Merchant until the Merchant enters the new and valid bercode on his administration interface. Benefit Barcode does not carry out the cooperation as a Merchant subject to holding their own bercode but it will continuously monitor the validity thereof in the Site.

2.5 The Benefit Barcode, once the Point of Acceptance has been uploaded and verified, will display on the Site the details of all Point of Acceptance Locations uploaded by the Merchant partner on the List of Points of Acceptance, as well as a description of its activity in up to 200 characters, and the amount of the single discount granted on the price of the products/services and/or the additional benefits provided by the Point of Acceptance.

2.6 In any case, the Points of Acceptance are obliged to provide the benefits indicated.

2.7. Merchants must inform their staff working in the Points of Acceptance and/or serving/managing the webshop about their obligations arising from this contract by means of internal instructions on the discounts and the mode of using the bercode and information made available by Benefit Barcode to the Points of Acceptance.

2.8. Merchants must inform Benefit Barcode about any organizational and/or operating changes at their Points of Acceptance in a message sent through the Site and modify the data previously entered on the Merchant’s administration interface according to the data change within 3 (three) working days of the occurrence of the change.

 

3. Discounts

3.1 When registering a Point of Acceptance on the Site, the Merchant must indicate the extent to which it will grant the bercode owner a discount or other benefits from the total amount of the purchase made with bercode on the Point of Acceptance. The Merchant may subsequently modify or completely suspend the benefits or the extent of the benefits provided. In the latter case, the details of the Point of Acceptance will no longer be available on the Site.

3.2. Keeping their own commercial interests in mind, the Merchant may restrict the use of the bercodes issued by them in regard to the bercode issuers selected by them or may apply a positive differentiation.

3.3. Merchants are also obliged to offer the bercode owners a discount of at least 50 per cent (fifty per cent) of the discount entered when uploading the Point of Acceptance for the current promotional products and services at their Point(s) of Acceptance. In this case, the discount offered should be deducted from the promotional price.

3.4. Merchants acknowledge that they are NOT permitted to link giving the discounts to a threshold amount, quantity, product group or cash payment.

3.5. Merchants are NOT required to give a discount for the following products:

•          Motorway stickers,

•          Tobacco products,

•          Medicine,

•          Transport tickets,

•          Mobile balance top-ups,

•          Propane-butane gas,

•          Textbooks,

•          Newspapers or other products subject to regulated prices.

3.6. Merchants are not required to give additional card discounts, such as the consolidation of discounts or the registration of points by using reward cards, either.

3.7. Points of Acceptance are entitled to ask the bercode owner to present their bercode in a physical or a digital form in order to use the discount. Points of Acceptance are also entitled to scan and record the bercode. Should the bercode owner refuse to present the bercode or have it scanned or recorded, the Point of Acceptance may refuse to give the discount.

3.8. Points of Acceptance considered to be a Webshop must ask for the 18-digit identification number of the bercode to be entered and verify the validity of the bercode accordingly in order to use the discount. Points of Acceptance considered to be a Webshop must refuse to give the discount should the bercode have expired.

3.9. Points of Acceptance considered to be a Webshop must also send Benefit Barcode the data of purchases made by using the bercode automatically by electronic means at the time of the purchase, as described in Clause 4.

3.10. A Merchant that fails to give the discount or other benefits indicated on the administration interface shall be liable for the damage of the bercode owner concerned if the failure to give the discount occurred for reasons attributable to the Merchant. Merchants undertake to pay the amount of the discount they failed to give for reasons attributable to them to the bercode owner concerned within 15 days of the purchase.

 

4. Online recording of turnover data

4.1. Benefit Barcode provides the information technology system free of charge to the Merchant, through which the Point(s) of Acceptance of the Merchant send the data of the purchases by using the bercode to the Provider automatically at the time of the purchase, which Benefit Barcode stores on its own servers and makes available for download for one year retrospectively. Data supply for Points of Acceptance not considered a webshop is optional, but is mandatory for webshops.

4.2. Merchants must send the purchase data to the provider in the manner specified in the Technical specifications. If the cash register and/or background IT system at the Point(s) of Acceptance of a Merchant cannot be programmed for automated data transfer, the Point(s) of Acceptance can also use the web interface or mobile application provided by the Provider.

 

5. COOPERATION AS A PRIORITY MERCHANT

5.1. Conditions of becoming a Priority Merchant

5.1.1. A Priority merchant partner (hereinafter: "Priority merchant") may be a bercode accepting partner registered on the Site who fulfils the conditions set out in this Annex 3, Appendix 1.1. and, in exchange for the priority access to the Site among the Points of acceptance, agrees to electronically transmit the data of its commercial transactions with bercodes to Benefit Barcode and to pay an acquisition commission on the commercial transactions with bercodes at the rate agreed by it, but at least as specified in clause 5.2.1 of this Annex.

5.2. Establishing Priority Merchant cooperation

5.2.1. A Merchant that sends their turnover data to Benefit Barcode online can indicate on the Merchant's administration interface of the Site that they wish to cooperate as a Priority merchant, based on which Benefit Barcode provides a featured appearance at the top of the hit list to the Merchants with the “Priority merchant” designation among the Points of Acceptance and the Priority merchant pays the Provider an acquisition commission on the turnover made with bercodes at the rate determined by them on the administration interface but not less than 3 per cent except for fuels. The rate of the acquisition commission rate can be 3 per cent or its integer multiple.

5.2.2. Cooperation as a Priority merchant enters into force at the time the Merchant sends their notice on the Merchant’s administration interface in the Site. A Priority merchant is obliged to pay the acquisition commission after the turnover of purchases made with the bercode from the time they send their notice regarding cooperation as a Priority Merchant.

5.2.3. Benefit Barcode will deduct the amount of the acquisition commission to be paid by the Priority merchant from the balance of the Merchant based on the traffic data.

5.2.4. Should the balance not allow the deduction of the acquisition commission, Benefit Barcode will still deduct the amount of the acquisition commission from the Priority merchant’s balance, in which case the balance will show a minus sign amount.

5.2.5. Should the balance of the Priority merchant enter the negative range after deducting the acquisition commission, Benefit Barcode will invite the Merchant to top up their balance with a notice via the Site.

5.2.6. If the Merchant fails to replenish his/her balance within 3 business days of the Service Provider's request by at least enough to bring his/her balance into positive range, Benefit Barcode will change the Merchant status from Priority merchant to Merchant until the balance is replenished to positive range.

5.2.7. By changing the notice on the Merchant’s administration interface in the Site, a Priority merchant may cancel cooperation as a Priority merchant at any time, however, their obligation to pay the commission shall continue after the purchases made with the bercode by 24:00 (midnight) on the last day of the month following the cancellation.

5.3. Acceptance of BASIC and LIGHT level bercodes

5.3.1. Priority merchants are entitled to accept BASIC and LIGHT level bercodes to foster a bigger turnover. Priority merchants can give notice of their intention to accept the BASIC and LIGHT level bercodes on the Merchant’s administration interface in the Site.

5.3.2. Should the Priority merchant, at their own discretion, give a discount on the BASIC and LIGHT level bercode as well, they shall give the same discount rate for the LIGHT level bercode as for the CLASSIC level bercode, and a discount corresponding to half of the discount for the CLASSIC level bercode for the BASIC level bercode.

5.4. Miscellaneous provisions

Provisions in Clause 1 of this Annex 3, applicable to Merchant, apply to Priority merchants subject to derogations in Clause 5.

Annex No. 4. - Rules applicable for bercode owners

1. General rules

1.1. Shopping in the Bercode Webshop is regulated in the territory of the European Union based on the Directive 2011/83/EU of the European Parliament and the Council.

1.2. Any natural person, legal person or organization can be a buyer of the Products uploaded into the Bercode Webshop for sale if the buyer has successfully and validly registered on the website provided by the bercode issuer (hereinafter “Issuer”) to the Buyer on the interface of the Bercode Webshop reserved for the Issuer and accepted the current Terms of Use (hereinafter “ToU”) and Privacy Policy. By accepting the ToU and Privacy Policy, the Buyer confirms knowledge of the contents thereof and agrees to be bound by them. Persons who are legally incapable or have limited legal capacity can shop in the Bercode Webshop only through or with the consent of their legal representatives or guardians. Benefit Barcode Inc. disclaims liability for any damage arising from any failure to comply with these provisions.

1.3. The site of the Bercode Webshop of the given Issuer can be freely browsed but shopping is subject to a valid registration. Registration can be made by precisely completing the data form in the “Registration” menu item on the website provided by the Issuer. Benefit Barcode Inc. disclaims liability for any damage arising due to any registration data that have been entered incorrectly or inaccurately by the Buyer. Should the Buyer forget their password, Benefit Barcode Inc. will send them the new password to the Buyer’s e-mail address provided the Buyer has entered their e-mail address in the “Request New Password” menu item. All liability arising from the transfer of the password or any use thereof by any unauthorized person shall be borne by the owner of the password.

 

2. Range of Products that can be ordered from the Bercode Webshop

2.1. Buyers can buy bercode carriers with selected level bercode uploaded by the Issuer in its Bercode Webshop for the purchase price specified by the Issuer therein.

2.2. Each Issuer has their own Bercode Webshop interface/website separated from the other Issuers, where only the Products of the given Issuer can be viewed. The website of the Bercode Webshop linked to the specific Issuer contains the name of the Issuer an indication of the types of Products sold, the images of the Products and graphics, as well as the purchase price of the Products. The images of the Products may slightly differ from their actual appearance in terms of the color tone. Benefit Barcode Inc. is not liable for any difference between the image appearing in the Bercode Webshop and the actual appearance of the Product if the difference is due to a difference in the color tone only.

2.3. Products displayed in the Bercode Webshop can be ordered only online through the Bercode Webshop. Issuers may sell their Products in their Own Webshops and by using other means of sale, too, subject to the conditions laid down in the present ToU.

2.4. Buyers understand that the scope of the discounts available by using the Products can change during the validity of the bercode.

2.5. The Products sold in the Bercode Webshop are owned by the Issuer. Barcode Benefit Inc. assumes no responsibility for any infringement of any copyright or rights relating to personality by any graphics on the Issuer’s Product. At the request of the person whose copyright or right relating to personality is infringed, Benefit Barcode Inc. will, if the infringement is credibly proven, remove the Product from the Bercode Webshop within 15 days of the verification of the infringement and not restore it until the dispute is settled.

 

3. Order of Shopping in the Bercode Webshop

3.1. Order of custom Bercode carrier designing and ordering

The Platform enables Users to order a customized Product.

Customized Products can be ordered in two ways:

•   Through the mobile application (service to be launched later)

The Issuer has the option to create dedicated events and upload them into the Platform, while the User has the option to design and order customized cards linked to such events.

Such a dedicated event can be, e.g., a meet-and-greet with a celebrity, where the fans have the opportunity to take a selfie with the fave. The Platform provides an opportunity to do this and the photo can be immediately placed on a card or key fob, which can also be seen through the Bercode mobile application.

The Issuer will have specified the key details of the dedicated event on its issuer’s administration interface (location, time) and the bercode levels, card types and validity ranges that the User can select when placing an order for a specific product.

•   Through the Bercode Webshop

Customized cards and key fobs can also be ordered via the Bercode Webshop. When customizing the card, the bercode level and the validity can be selected together with the name to be placed on the card. Using the Bercode Webshop graphic design software, the Buyer can zoom in, rotate and mirror the photo they uploaded.

In all cases, the photo uploaded by the Buyer is printed on the back of the card. The uploaded customized cards will be judged by the Issuer depending on the settings of the Issuer. An order for a customized card can only be finalized if it has been approved by the Issuer through the Platform.

The User can finalize the order for the customized card they uploaded and which was approved by the Issuer following the approval. The Platform sends a notice to the Buyer concerning approval by the Issuer.

3.2. Placing an order for non-customized Products

3.2.1. The Buyer selects the Product or voucher they want to purchase in the Bercode Webshop, selects the quantity and clicks on the “Shopping Cart” icon, after which the system automatically puts the selected quantity of the Product in the Basket. The Buyer can view the chosen products by clicking on the “Shopping Cart” icon. The content of the shopping cart can, of course, be modified. If the Buyer wishes to add additional products to the Shopping Cart, they should choose the “Back” button. If they do not wish to buy any more products, they should check the quantity of the products they intend to buy. The contents of the shopping cart can be deleted by clicking on the “Delete ‒ X” button. The contents of the basket will be automatically updated after the quantity is finalized. Alternatively, the User can click on the “Refresh” button. When the Buyers have finished collecting the products, they enter their data and can register or modify such data entered during their registration and then enter the method of delivery and payment, and finally enter the delivery data, which is followed by the verification of the data entered. The Buyer can also send comments to Benefit Barcode Inc. in the order. When placing an order, the Buyer accepts the ToU and the Privacy Policy each time. The Buyers can order the Products they have selected by clicking the “Order” button. The system automatically displays the order number, which can be used to identify the offer.

3.2.2. Cascading technical steps necessary to conclude the sale and purchase contract are automatically offered by the system to the Buyer. The Buyer can interrupt the process at any time until the order is sent. Before placing the order, the Buyer has the option to check the data they entered and correct any data input errors.

3.2.3. An order sent by the Buyer constitutes a legal declaration, the aim of which is to conclude a contract. Benefit Barcode Inc. stores the order electronically for 40 months from the completion of the orders.

3.2.4. Benefit Barcode Inc. shall not be responsible in any manner whatsoever for any delay or failure of delivery or any other problem or error attributable to any order data incorrectly and/or inaccurately entered by the Buyer.

3.2.5. Benefit Barcode Inc. confirms the purchase with a notice sent through the Platform after the receipt of the Buyer’s order. If the confirmation is not received by the Buyer within an expectable time depending on the nature of the service not exceeding 48 hours from sending the User’s order, the Buyer shall be released from their commitment to maintain the offer or their contractual obligation. The order and the confirmation thereof is considered received by Benefit Barcode Inc. and the Buyer, respectively, when it becomes accessible for them. Benefit Barcode Inc. excludes liability for the confirmation if the confirmation is not received on time because the Buyer has entered incorrect or false information during the registration or they are unable to receive notices because the storage space provided to the Buyer in the Platform is full.

3.2.6. Before sending the order, the Buyer can obtain information about the essential data of the Issuer of the Product and the services provided by the Issuer, as well as the discounts available with the Product by clicking on the image of the Product. By sending the order and accepting the present ToU, the Buyer declares that they have become familiarized with the services of the Product purchased by the Buyer and the opportunities linked to the discounts available with the Product before placing the order.

3.2.7. The Products in the Bercode Webshop can be purchased not only for own purposes but also as a gift.

3.2.8. The bercodes on the Bercode carrier purchased in the Bercode Webshop are accessible digitally through the mobile application as well in all cases, so it is sufficient to show such digital bercodes through the mobile application to the Merchant in order to shop at a discounted price.

3.3 Prices

3.3.1. Prices shown in the Bercode Webshop are always the net purchase price of the Product. The prices shown are in all cases given in the selected currency and exclude any local taxes and the cost of delivery of the product.

3.3.2. The Provider, the Issuer reserves the right to change the price of the Products in the Bercode Webshop. The change will take effect when published in the Bercode Webshop and will not affect the purchase price of any Product already ordered. If, in spite of due care by Benefit Barcode Inc., an incorrect price is shown in the Bercode Webshop, including in particular any price that is obviously incorrect, e.g., significantly different from the well-known or generally accepted or estimated price of the product or displayed due to a system error, Benefit Barcode Inc. is under no obligation to deliver the product at the incorrect price. In this case, Barcode Benefit Inc. may offer delivery at the correct price, based on which the Buyer may withdraw from their intention to buy by sending a message through the Platform.

3.4. Method and process of payment

3.4.1. The Buyer can pay the purchase price of the Product ordered in the Bercode Webshop to the Provider exclusively by online bankcard payment.

3.4.2. After the order is sent, the Platform will direct the Buyer to the website of the partner operating the payment portal (hereinafter the “Payment Portal”), where they can pay by using their bank card, after entering the card number, its expiry date and the 3-digit security code in an encrypted transaction currently considered the most secure applied by the Payment Portal.

3.4.3. The types of cards accepted by the Payment Portal are shown on the website of the Payment Portal.

3.4.4. The Payment Portal accepts bankcards issued exclusively for electronic use payment only if the bank that issued the bankcard has permitted the use thereof for Internet shopping.

3.4.5. After a successful purchase, the Payment Portal issues an authorization number for the transaction, which should be recorded or alternatively, the whole page should be printed. If the transaction is unsuccessful, the Payment Portal sends an error message with the reason for the error.

3.5. Processing and fulfillment of orders

3.5.1. Processing

Orders are processed once the purchase price of the Product is credited on the Provider’s bank account.

3.5.2. Fulfillment

Benefit Barcode Inc. fulfills the order within 8 working days from the date the purchase price is credited on its bank account (general fulfillment date), except for orders that can be fulfilled by producing the raw material, where the fulfillment date is 4 (four) weeks (special fulfillment date). Benefit Barcode Inc. informs the Buyer about the fulfillment by a notice sent via the Platform.

If Benefit Barcode Inc. is unable to fulfill its performance obligation undertaken in the present ToU or in a separate agreement with the Buyer for any reason, it shall notify the Buyer thereof by a message sent through the Platform without delay. In this case, the Buyer shall be entitled to withdraw from the concluded sale and purchase contract by a notice sent through the Platform.

Benefit Barcode Inc. reserves the right to refuse any order that has already been confirmed, whether in part or in full. Partial delivery is permitted only following a consultation with the Buyer.

3.6. Delivery

3.6.1. Benefit Barcode Inc. delivers the physical product(s) (e.g. card, sticker, key fob) ordered by the Buyer through the Bercode Webshop to the Buyer through its logistics partners. Digital Products (e.g. bercodes) are delivered by the Provider to the Buyer online through the Platform.

3.6.2. When placing an order for physical Products, the Buyer must select the delivery mode and, if a pick-up point is selected, choose the pick-up point where they wish to receive the delivery, or, in the case of home delivery, enter the accurate delivery address. Benefit Barcode Inc. starts delivery within 8 working days from the date the full purchase price of the Product(s) is credited on its bank account, except where the order can be fulfilled by producing the raw material. Since Benefit Barcode Inc. does not operate any commercial premises or shops, it is not possible to pick up the goods and products ordered personally.

3.6.3. Benefit Barcode Inc. does not accept any responsibility for any delay or failure of delivery caused by the inaccuracy or error of the delivery data provided by the Buyer when placing the order.

3.6.4. The cost of delivery is shown as a separate item on the invoice sent electronically to the Buyer.

3.6.5. The cost of delivery depends on the pricing of our logistics partner chosen by the Buyer.

3.6.6. The Buyer can add requests concerning the fulfillment of the order in the “Remarks concerning the order” box of the order form, which Benefit Barcode Inc. tries to take into account as much as possible. By default, our logistics partners are unable to undertake delivery at a defined point in time (hour). On the expected delivery date, the Buyer is obliged to allow the deliveryman to deliver the ordered products. Delivery normally takes place between 8.00 am and 17.00 am on weekdays.

3.6.7. Where products are ordered, the Buyer must carry out an itemized inspection of the shipment in the presence of the carrier at the time of the delivery. In the event of any problems, the Buyer may request that minutes be drawn up, refuse to accept the shipment or must immediately notify Benefit Barcode Inc. Following receipt, we cannot accept any complaint claiming damage or that anything is missing in the absence of the minutes.

3.7. Right of Withdrawal

3.7.1. Withdrawal without cause

Pursuant to Government Decree the Buyer shall have the right to withdraw within 14 (fourteen) days of the receipt of the Product or voucher.

The Buyer may not exercise the right of withdrawal:

  • in the case of non-prefabricated goods produced based on the instruction or at the express request of the consumer, or of products clearly tailored to the consumer’s person;
  • in the case of digital data content stored on non-tangible media, if the company started the performance of the contract at the consumer's express prior consent and the consumer simultaneously declared that they understand that they lose their right of withdrawal under Section 20 after the performance has started.

Owing to the above, the Provider informs the Buyer that the bercode is a “customized digital data content provided on non-tangible media” sold through the Bercode Webshop, which is created expressly at the Buyer’s order, and the bercode carriers are in all cases tailor-made and manufactured at the Buyer’s request in such a way that they are dedicated or contain the serial number and validity period of the bercode carrier. If carrying a name, the bercode carrier may only be used by the holder of the name shown and within the validity period indicated on it. In view of this fact, the Buyer may not withdraw from the sale and purchase contract without justification.

3.7.2. Withdrawal or cancellation for a breach of contract

3.7.2.1. If, as a result of a breach of contract, the claimant’s interest in the performance of the contract has ceased, they may withdraw from the contract until the performance thereof, i.e. the manufacturing of the Product starts, or cancel the contract after the manufacture of the Product has started. To make their declaration valid, the claimant must state the reason for the withdrawal or cancellation if they can exercise this right for multiple reasons. The claimant may switch from the indicated reason of withdrawal or cancellation to another.

3.7.2.2. Each Party should send their declaration containing the withdrawal or cancellation to the other Party with a notice through the Platform, which the other Party must confirm within 3 days of the receipt of the notice. If the other Party fails to confirm the receipt of the declaration containing the withdrawal or cancellation within 3 days of the receipt thereof, the notice shall be considered received on the 10th (tenth) day of the date of sending.

3.7.2.3. If the Buyer withdraws from the contract on grounds of a breach of contract by Benefit Barcode Inc., the Parties shall settle accounts within 30 days of the receipt of the declaration on the Buyer’s withdrawal or cancellation.

3.7.2.4. If Benefit Barcode Inc. withdraws from the contract on grounds of a breach by the Buyer, the Parties shall settle accounts within 30 days of the receipt by the Buyer of the declaration on the withdrawal or cancellation.

3.7.2.5. The Provider undertakes a warranty for defective performance.

Based on their warranty claim, the Buyer has the option

  • to demand repair or replacement, unless compliance with the chosen warranty right is impossible or if it would result in disproportionate expenses on the part of the Benefit Barcode Inc. compared to the alternative remedy, taking into account that the value the service would have had if there had been no lack of conformity, the significance of the non-performance, and the harm caused to the obligee upon compliance with the warranty right; or
  • to ask for a commensurate reduction in the consideration or withdraw from the contract if the obligor refuses to provide repair or replacement or is unable to fulfill that obligation or if repair or replacement no longer serves the obligee’s interest.

Withdrawal due to insignificant errors is not permitted.

3.7.2.6. The warranty of Benefit Barcode Inc. does not apply if the User’s name, which was incorrectly or wrongly specified by the Buyer, appears on the card and Benefit Barcode Inc. cannot be held responsible if the name specified by the Buyer for being placed on the card infringes rights relating to personality or other rights.

3.7.2.7. In the case of withdrawal by the Buyer, Benefit Barcode Inc. will not refund to the Buyer the cost of delivering the Product to the Buyer. All costs associated with returning the goods are borne by the Buyer. Benefit Barcode Inc. does not accept cash-on-delivery shipments.

3.7.2.8. In exercising the right of withdrawal or cancellation, the Buyer must act in good faith and exercise the right of withdrawal or cancellation as intended and the exercising of such rights shall not lead to any abuse of right by the Buyer.

3.8. Customer service, complaint handling

3.8.1. Buyers can submit complaints relating to their purchases through the Bercode Webshop with a notice sent to Benefit Barcode Inc. through the Platform.

3.8.2. Benefit Barcode Inc. will examine the complaint within 15 days and remedy it if possible. If the Buyer does not agree with the way of handling their complaint, Benefit Barcode Inc. will immediately draw up minutes about the complaint and its position related thereto and send it to the Buyer through the Platform.

3.8.3. Benefit Barcode Inc. will respond to the Buyer’s complaint in writing within 30 days. The grounds for rejecting the complaint must be explained. Benefit Barcode Inc. will retain the response to the complaint for 1 year.

 

4. Data Protection

Benefit Barcode Inc. stores the data provided by the Buyer voluntarily based on prior information only for the specific purpose, that is, to perform the contract and subsequently prove the terms of the contract. Benefit Barcode Inc. does not transfer the Buyer’s data to third parties, except for the Issuer and the agent used for postal deliveries, except where a third party is acting as a subcontractor/contributor of Benefit Barcode Inc. for performing the contract. The Buyer understands that Benefit Barcode Inc. may disclose the Buyer’s name and e-mail address for marketing purposes to the Issuer of the Product purchased by the Buyer for sending information on marketing messages, special offers and promotional materials. When processing the data of Buyers, Benefit Barcode Inc. acts in accordance with the provisions as in force of Regulation (EU) 2016/679 of the European Parliament and of the Council on the processing of the personal data of natural persons (GDPR) and Act CXII of 2011 on the Right of Information-related Self-determination and the Freedom of Information. The detailed rules on data protection of Benefit Barcode Inc. are included in the Privacy Policy.

 

5. Miscellaneous provisions

5.1. By purchasing any Product through the Bercode Webshop, the Buyer declares to have known and is bound by the contents of the present ToU and the Privacy Policy.

5.2. Benefit Barcode Inc. declares that the level of security of the Bercode mobile application and the Bercode Webshop operated by it is proper and its use does not pose a risk. Shopping in Bercode Webshop assumes that the Buyer is aware of the technical and technological constraints of the Internet and accepts the risks of error associated with such technology.

5.3. Benefit Barcode Inc. does not bear responsibility for any damage caused by connecting to the Bercode mobile applications or to the Bercode Webshop. Buyers are obliged to protect their computers and the data stored on them.

5.4. Benefit Barcode Inc. is not liable for any damage caused by events beyond its control (force majeure) including, but not limited to, the use or malfunction of the Bercode mobile applications and the Bercode Webshop, the modification of the data by anyone, any delay in the transfer of information, or any damage caused by computer viruses or software errors, Internet network errors or other errors of a technical nature or any damage arising from line or system failure.

5.5. Benefit Barcode Inc. does not accept any responsibility for any damage arising from the transfer or the use by any unauthorized person of the password necessary for using the services of the webshop.

5.6. All data and information in the Bercode mobile application and the Bercode Webshop and the design and structure of the application and the Bercode Webshop are subject to copyright protection. Any use of these elements without the rightholder’s consent may violate copyright and other laws. Materials in the Bercode mobile application and the Bercode Webshop shall not be modified, reproduced, made public, presented or used for commercial purposes in any other manner without the consent of the rightholder.

Annex No. 5. - Rules concerning bercode balance, method of payment and invoicing

For the purposes of this Terms of Use, ‘payment’ shall mean the method of payment set forth in this Appendix 5.

1. Balance

1.1. Benefit Barcode provides and maintains a unique online financial balance for each partner profile managed by the User(s). The User can only use the services provided by the Platform through the profile of his/her choice if he/she has previously received commission income on his/her balance or if he/she has funded it by bank transfer, bank deposit or credit card payment (at least the amount corresponding to the fee for the service used). Benefit Barcode will maintain the balance in the currency chosen by the User.

1.2. The User indicates the amount he/she wishes to upload in the user administration interface, pays it by credit card or Benefit Barcode sends the User a fee request electronically via the Platform. Benefit Barcode will deduct the fee for the service requested by the User directly from the User's balance at the time of the order.

1.3. Benefit Barcode Inc. starts the performance of the service only after the fee for the service ordered by the User, that is, the purchase price has been deducted from the User’s balance. Users must ensure that a sufficient sum is available on their balance to pay the purchase price of the service they wish to purchase. If the balance of the User is less than the consideration for the service they wish to order, Benefit Barcode Inc. will not accept the order until the User tops up their balance. Benefit Barcode Inc. issues an invoice for the sum transferred, paid in or by bankcard by the User on their balance within 3 business days of being credited on their bank account and sends it to the User by electronic means via the Platform.

1.4. The User can specify the data of their bank card from which a sum necessary to top up the balance can be automatically deducted if the balance is insufficient or negative, up to the limit preset by the User.

1.5. The User can monitor the balances of the affiliate profiles managed by him/her through the user administration interface created on the Platform.

1.6. The User may either request payment of the balance of the Partner Profiles managed by him/her by bank transfer to the bank account number provided by the User or use the balance to use the services.

1.7. Benefit Barcode will initiate the payment from the balance with the amount indicated by the User within 8 days at the latest and will send a so-called reverse invoice (self-bill) in electronic form to the User(s). The User undertakes to book the invoice thus received.

1.8. Users shall be obliged to pay a Transfer Administration Cost for each transfer to Benefit Barcode Inc. after each bank transfer made to the User. The actual amount of the Transfer Administrative Costs is included in Section V of the Schedule of Fees in Appendix 1. Benefit Barcode Inc. is entitled to deduct the amount of the Transfer Administration Fee from the User's balance after the transfer is completed.

 

2. Payment methods

2.1. Purchase in the Bercode Webshop

The purchase price of the services and vouchers specified in the Bercode Webshop can be paid for only by online bankcard payment in accordance with Clause 3.4 of Appendix 4 of the present ToU.

2.2. Payment by Issuer’s balance

2.2.1. Consideration. Payment of the purchase price

Issuers pay the value of the ordered services to Benefit Barcode Inc. in such a way that Benefit Barcode Inc. deducts the service value or the fee for the service purchased from the Issuer’s balance at the time the order is placed.

The provisions of Clause 1 of this Appendix 5 apply to the top-up of the balance by the Issuer and the start of the performance of Benefit Barcode Inc., as well as the rules of invoicing.

2.2. Payment of the acquisition commission

The acquisition commission due to the Issuer under Clause 8.3. of Appendix 2 of the present ToU is paid by the Provider by crediting it to the Issuer’s balance.

2.3. Settlement of Bercode Webshop sales

The purchase price of purchases made in the Bercode Webshop interface of the Issuer, which has been credited on the bank account of Benefit Barcode Inc., less the Costs of sales charged, will also be paid by crediting it to the Issuer’s balance.

 

3. Acquisition commission payable by Priority Merchants

3.1. The acquisition commission payable by Priority Merchants to Benefit Barcode Inc. is paid by deducting the acquisition commission from the balance of the Priority Merchant.

3.2. Each day, Benefit Barcode Inc. accounts for the amount of the acquisition commission payable by the Priority Merchant based on the turnover data received and processed by 24:00 (midnight) on the previous day and sends it to the Priority Merchant by electronic means through the Platform. Benefit Barcode Inc. deducts the turnover commissions shown in the accounts from the balance of the Partner should it reach or exceed 20 USD.

3.3. If the balance of the Priority Merchant is less than the amount of the acquisition commission to be deducted and our Partner has provided their bank card details under Clause 1.4 of this Appendix 5, then Benefit Barcode Inc. will attempt to deduct the necessary amount and top up the balance to the necessary level once a day.

3.4. If the balance of the Priority Merchant cannot be topped up in the manner detailed in Clause 3.3, Benefit Barcode Inc. will send a notice through the Platform on the obligation to top up the balance to a minimum of zero as the sum.

3.5. If the Priority Merchant fails to top up their balance within 3 (three) working days following the receipt of the notice with an amount not less than required to push their balance into the positive range, Benefit Barcode Inc. will suspend the appearance of the Acceptance Point(s) of the Priority Merchant in the Platform until their balance is topped up to the positive range.

Cookie Notice

1. What are cookies?

Cookies are small text files that the website stores on the computer or mobile device of the user who visits their pages, ie where the website is used.

We distinguish between so-called internal cookies, which are used by the website you visit. The information collected by internal cookies can only be processed and used by the given website. A website may also use external services that also use their own cookies. These are called third-party cookies (external cookies).

 

According to another grouping, ie according to their function, cookies can be divided into four (4) categories:

1. Essential session cookies: Without these cookies, the website would simply not function functionally e.g. needed to manage whether you entered, what you put in the cart, and so on. This is typically the storage of a session ID, the rest of the data is stored on the server, making it more secure. It has security implications, if the session cookie value is not generated well, there may be a risk of a session-hijacking attack, so it is imperative that these values ​​are generated properly. Other terminology calls a session cookie any cookie that is deleted when you exit the browser (a session is a browser usage from startup to exit).

2. Performance cookies: This is how cookies are called, which collect information about the user's behavior, time spent and clicks on the visited website. These are typically third party applications (e.g. Google Analytics, AdWords cookies). These are suitable for profiling a visitor.

3. Functional cookies: Cookies that remember a user's choices, such as how the user want to see the site. These cookies essentially represent the setting data stored in the cookie.

4. Analytical cookies: Cookies thank to which statistics and analytics can be performed.

 

Based on their period of validity, we can distinguish:

1. Temporary cookies ("Session cookie"): Cookies are limited to the user's current session.

2. Persistant cookies: The validity period of persistant cookies can be measured in days, weeks, months, years, during which time the saved cookies are stored on the hard disk of the user's computer, however, the user can delete them at any time before the expiration of the predetermined deadlines.

 

Please note that cookies allow the website to remember your settings for a certain period of time (eg username, language chosen, etc.), so you do not have to re-enter this information next time you visit our website.

Cookies are considered personal data according to Preamble 30 of the GDPR. But among the cookies, there are absolutely necessary cookies that help to navigate the website, remember the user's actions on each page. Without these cookies, the various services on that website will not work. These cookies do not store any information about the user, what pages you have visited on the internet or which could be used for marketing purposes, so your consent is not required, while non-essential cookies, Google Analytics collects general and anonymous statistics using analytical tools, which can only be done with your consent, so please visit the following pages for more information:

https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

https://policies.google.com/privacy?hl=en

 

2. What cookies can be found at https://www.bercode.com/, what is their purpose and how long is their validity period?

 

1. Internal cookies

Benefit Barcode, Inc. uses the following internal cookies:

Name of the cookie

Purpose of the cookie

Expiry date

userRole

Storing user rights

30 days

_csrf-frontend

An identifier used to verify the authenticity of data when recording data

as a “Session” cookie, the validity period is limited only to the user’s current session

advanced-frontend

Identifier indicating the status of the user logged in

as a “Session” cookie, the validity period is limited only to the user’s current session

language

Selected language

30 days

acceptCookies

Accept the use of cookies

1 year

guestCurrencyId

Guest user currency

1 hour

_identity-frontend

The ID used to automatically log in a user

30 days

alias_cookie

The path to the selected webshop

as a “Session” cookie, the validity period is limited only to the user’s current session

issuer_search

Issuer ID when filtering tables

1 hour

cart

Contents of the guest user's webshop cart

as a “Session” cookie, the validity period is limited only to the user’s current session

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. External cookies

Please be informed that Benefit Barcode, Inc. disclaims any responsibility for the operation or data collection of external cookies.

Benefit Barcode, Inc. uses the following external cookies (The list is not exhaustive):

You can find detailed information about Google cookies at https://policies.google.com/technologies/types?hl=en-US

Name of the cookie

Purpose of the cookie

Expiry date

1P_JAR

This cookie carries out information about how the end user uses the website and any advertising that the end user may have seen before visiting the said website. The main purpose of this cookie is: Targeting/Advertising

no information available

_ga

The "_ga" cookie is used to determine unique visitors to the site and it is updated with each page view. Additionally, this cookie is provided with a unique ID that Google Analytics uses to ensure both the validity and accessibility of the cookie as an extra security measure.

2 years from set/update.

_gid

The "_gid" cookie is part of Google Universal Analytics and is primarily used to track visits to any site which uses Google Analytics.

Expires after 2 years

ANID

The "ANID" cookie is used for advertising served across the web and stored in google.com.

Expires after 2 years

CGIC

Performance and Analytics

6 months

DV

This cookie is used to save the user's preferences and other information. This includes in particular the preferred language, the number of search results to be displayed on the page as well as the decision as to whether the Google SafeSearch filter should be activated or not.

7 minutes

NID

The "NID" cookie is used to play YouTube videos embedded on the website.

Expires anytime between 6 months to 10 years.

SNID

The Google Maps on our site set cookies known as NID, SNID, and PREF.  These cookies allow Google Maps to remember which browser you are using and what preferences you have set when you view maps

6 months

CONSENT

This cookie is used to save the user's preferences and other information. This includes in particular the preferred language, the number of search results to be displayed on the page as well as the decision as to whether the Google SafeSearch filter should be activated or not.

20 years

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3. Cookie settings

We would like to inform you that by accepting cookies in the information pop-up window/banner that appears when you visit https://www.bercode.com/ for the first time, you allow the use of cookies by the website operator, ie Benefit Barcode, Inc., in the browser or IT device used.

If you do not wish to allow the use of consent-based cookies, you can do so on your first visit to https://www.bercode.com/.

If you accept cookies, you can then disable the placement of cookies in your own browser for all cookies as well as for individual cookies.

The way of browser settings are different for each browser. You can usually find information about these settings in your browser's "Settings" "Privacy" menu. If you do not wish to receive cookies from https://www.bercode.com/ but accept them from other sites, you can also set your browser to always be notified before saving a cookie to your device / browser. For more information, please also refer to your browser's "Help" information.

We have collected the contact details of the links for the cookie settings of the most popular browsers *:

* Due to the fact that the information available on the links may be constantly updated independently of Benefit Barcode, Inc., please always be informed about the current content in the respective browser interface.

You are a user of https://www.bercode.com/, so you can manage/delete cookies as you wish.

 

4. Other

Please note that if you disable cookies, you may not be able to use all the services on https://www.bercode.com/ in the same way, or some content or features may not be available.

You can read more about cookies at http://www.aboutcookies.org.

We would like to inform you that Benefit Barcode, Inc. reserves the right to unilaterally modify this Cookie Notice at any time, so please refer to our Cookie Information at https://www.bercode.com/ for current content. You can read more about our data management in our Privacy Statement available at the  link https://www.bercode.com/site/legal.

 

04th November 2020

End User License Agreement

Benefit Barcode, Inc., a United States (DE) corporation (hereinafter "us, "we", “Benefit Barcode”, “Bercode” or “bercode.com”) operates the Bercode application in connection with the bercode.com website, available at bercode.com or otherwise available through external hyperlinks within such websites, mobile and other applications of the foregoing, and associated social media outlets (collectively, the “Site”).

The following End User License Agreement (hereinafter the ”App Agreement”) is a binding agreement between you and us and governs your participation in the use of the Site, any other related services provided by Benefit Barcode (taken together the "Service"). The Service is owned and operated by us. The Service is offered subject to your (hereinafter the "User") acceptance and agreement without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be put into practice by or published from time to time on the Site by us.

IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR SUBSCRIBE OR USE THE SERVICE. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.

BY USING THE APPLICATION, THE USER (A) ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT HE/SHE IS 18 YEARS OF AGE OR OLDER; AND (C) ACCEPTS THIS APP AGREEMENT AND AGREE THAT HE/SHE IS LEGALLY BOUND BY ITS TERMS. IF THE USER DOES NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION AND DELETE IT FROM HIS/HER DEVICE.

 

1. LICENSE GRANT

Subject to the terms of this App Agreement, Benefit Barcode grants the User a limited, non-exclusive and nontransferable license to:

  1.    Download, install, and use the Application for User´s personal, non-commercial use on a device such as a mobile device running on IOS or Android system, and owned or otherwise controlled by User (hereinafter the ”Mobile Device”) strictly in accordance with the Application’s documentation; and
  2.   Access, stream, download, and use on such Mobile Device the Content and Services, as defined in our Terms of Use made available in or otherwise accessible through the Application, strictly in accordance with this App Agreement and other terms and conditions including our Privacy Policy.

 

2. LICENSE RESTRICTIONS

Licensee shall not:

  1.   Copy the application;
  2.   Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the application;
  3.   Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the application or any part thereof;
  4.   Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the application, including any copy thereof;
  5.   Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the application, or any features or functionality of the application, to any third party for any reason, including by making the application available on a network where it is capable of being accessed by more than one device at any time or remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the application.

 

3. GEOGRAHIC RESTRICTIONS

The User acknowledges and agrees that he/she may not be able to access all or some of the Content worldwide and that access thereto may not be legal by certain persons or in certain countries. The User also understands and acknowledges that accessing the Content outside of the country where his/her Mobile Device belongs to or considered local thereof may result in roaming charges and/or other fees in accordance with his/her agreement with mobile service provider. If he/she accesses the Content, yhe/she is responsible for compliance with any local laws that may be applicable to them.

 

4. AGE-RELATED RESTRICTION – COPPA

The User represents and warrants that he/she is 18 years of age or older, and has the necessary power and authority to enter into this App Agreement and to perform the obligations hereunder and to grant all of the rights granted under this App Agreement. The Site is not directed to children under the age of 18 (in some jurisdictions, this age limit may be higher), and we do not knowingly collect personally identifiable information from children under the age of 18, nor do we knowingly distribute such information to third parties. For the detailed information, please see Privacy Policy.

 

5. RESERVATION OF RIGHTS

The User acknowledges and agrees that the application is provided under license, and not sold. He/she does not acquire any ownership interest in the application under this App Agreement, or any other rights thereto other than to use the application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this App Agreement. Benefit Barcode reserves and shall retain its entire right, title, and interest in and to the application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this App Agreement. Any and all rights not specifically granted herein to the User are reserved by Benefit Barcode.

 

6. COLLECTION AND USE OF USER´S INFORMATION

The User acknowledges that when he/she downloads the application, we may use automatic means including, for example, cookies and web beacons to collect information about his/her device and about use of the application. The User also may be required to provide certain information about him/herself as a condition to downloading, installing, or using the application or certain of its features or functionality and the application may provide he/she with opportunities to share information about him/herself with others. All information we collect through or in connection with this application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this application, he/she consents to all actions taken by us with respect to your information in compliance with the Privacy Policy and Terms of Use.

 

7. CONTENT

The application may provide the User with access to our Site and services accessible thereon, and certain features, functionality, and content accessible on or through the application may be hosted on the Site (hereinafter the “Content”). The Content is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the US and other countries. You expressly acknowledge that Benefit Barcode and/or its affiliates owns all worldwide right, title and interest in and to the Content, including all worldwide intellectual property rights therein, except in the cases of User Content as described in our Terms of Use. The Content is owned by or licensed to Benefit Barcode and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these terms and conditions, no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Nothing contained in these terms and conditions shall be deemed to grant to the User or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors. The User access to and use of such Content are governed by our Terms of Use, which is incorporated herein by this reference. The User access to and use of such Content may require he/she to acknowledge his/her acceptance of such terms and conditions including our privacy policies. His/her failure to do so may restrict he/she from accessing or using certain of the application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this App Agreement.

 

8. UPDATES

We may from time to time in its sole discretion develop and provide application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (hereinafter collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. The User agrees that Benefit Barcode has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on his/her device settings, when his/her Mobile Device is connected to the Internet the application will automatically download and install all available Updates or he/she may receive notice of or be prompted to download and install available Updates. The User is  obligated to promptly download and install all Updates, and shall acknowledge and agrees that the application or portions thereof may not properly operate should you fail to do so. The User further agrees that all Updates will be deemed part of the application and be subject to all terms and conditions of this App Agreement and our Terms of Use.

 

9. THIRD PARTY MATERIALS

The application may display, include, or make available third party content including data, information, applications, and other products, services, and/or materials or provide links to third party websites or services, including through third party advertising (hereinafter ”Third Party Materials”). The User acknowledges and agrees that Benefit Barcode is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Benefit Barcode does not assume and will not have any liability or responsibility to he/she or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to the User, and he/she accesses and uses them entirely at his/her own risk and subject to such third parties’ terms and conditions. We do not recommend or endorse the content of any third party websites, and the inclusion of any such link does not imply endorsement by Benefit Barcode. These other websites are not under Benefit Barcode’s control, and User acknowledges and agrees that Benefit Barcode is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

 

10. TERM AND TERMINATION

The term of this Agreement commences when the User downloads the application and will continue in effect until terminated by he/she or us as set forth in this Section 10. The User may terminate this App Agreement by deleting the Application and all copies thereof from his/her Device. We may terminate this Agreement at any time without notice. In addition, this App Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this App Agreement. Upon termination:

  1.   All rights granted to the User under this App Agreement will also terminate; and
  2.   The User must cease all use of the application and delete all copies of the application from his/her Device and account.

Benefit Barcode will not be liable for any costs, expenses, or damages that may result, directly or indirectly, from any such suspension or termination of this App Agreement Upon termination of this App Agreement, the User agrees to cease using the Content and will make unavailable and remove all Content and all copies and portions thereof, in all forms and types of media, from his/her Device. Termination will not limit any of Benefit Barcode’s rights or remedies at law or in equity.

 

11. DISCLAIMER OF WARRANTIES

THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BENEFIT BARCODE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BENEFIT BARCODE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET USERS REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, CONSEQUENTLY IN THAT CASE SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO THE USER.

 

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BENEFIT BARCODE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THE USER USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO THE USER.

 

13. INDEMNIFICATION

The User agrees to indemnify, defend, and hold harmless Benefit Barcode and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the application or your breach of this App Agreement, including but not limited to the content you submit or make available through this application. If he/she is a California resident, to the maximum extent permitted by applicable law, he/she hereby releases your rights under the California Civil Code 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

14. SEVERABILITY

If any provision of this App Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this App Agreement will continue in full force and effect provided, however, that if any fundamental term or provision of this App Agreement is invalid, illegal, or unenforceable, the remainder of this App Agreement shall remain unenforceable.

 

15. GOVERNING LAW

This App Agreement is governed by and construed in accordance with the internal laws of the State of California, without regard to its conflicts of law provisions. The User agrees to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, State of California, and waives any objection to such jurisdiction or venue. Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States and accessing the Site from territories where its use is illegal is prohibited.

 

16. DISPUTE RESOLUTION

The location of any dispute resolution by arbitration shall be in Los Angeles, California. Similarly, any action to enforcement an arbitration award must be brought in the state courts of the State of California located in Los Angeles County. You irrevocably consent to the jurisdiction of the aforementioned courts.

 

17. LIMITATION OF TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO THIS APP AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

18. ENTIRE AGREEMENT

This App Agreement as well as our Terms of Use and our Privacy Policy constitute the entire agreement between the User and benefit Barcode with respect to the application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the application.

 

19. WAIVER AND MISCELLANEOUS TERMS

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. This App Agreement and the terms and conditions of our Terms of Use and Privacy Policy represent the entire agreement between the User and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. These terms and conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in and the remaining portions of this Agreement shall continue in full force and effect.

Social Media Policy

Benefit Barcode, Inc., a United States (DE) corporation (hereinafter "us, "we", “Benefit Barcode”, “Bercode” or “bercode.com”) operates the www.bercde.com website, contained within or otherwise available through external hyperlinks within such websites, mobile and other applications of the foregoing, and associated social media outlets (collectively, the “Site”). We collect information through the Site, including personal information about you. The following terms and conditions govern your participation in the use of the Site, any other related services provided by Benefit Barcode (taken together the "Service"). The Service is owned and operated by us. The Service is offered subject to your (hereinafter the "User") acceptance and agreement without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be put into practice by or published from time to time on the Site by us.

The following explains what datas we collect and how we collect it.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITONS, DO NOT USE THE SITE AND APPLICATION; YOU MUST LEAVE THIS PAGE AND OTHERWISE NOT USE THE SITE.

We appreciate the activities of our Users with us. Thank you for becoming our User and we hope you enjoy using our Site. We encourage you to openly share your opinions and suggestions, as well as your thoughts and ideas about our Services, but we expect you to do so with respect for the opinions of others. We want this experience to be beneficial for all of our Users. That is why we have developed these social media guidelines to ensure that all Users feel comfortable and safe when visiting the Site and interacting with other Users.

- Be respectful and do not publish any statements or images that could be offensive or insulting to others. We reserve the right to moderate or delete posts that contain profanity, obscenity or vulgarity, or defamation to a person or people. This also includes posts that include name-calling and that could be considered a personal attack or that credibly threaten others. Also, it may seem obvious, but we do not permit individuals or groups to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition

- Do not be harmful or pose a threat as safety is our priority. We reserve the rights to remove posts or comments and we may escalate the situation to the applicable local, state or federal law enforcement office when a real risk of physical harm, or a direct threat to the public safety exists. We also prohibit promoting, planning or celebrating any of your actions if they have, or could result in monetary harm to others, including flash mobs, theft and vandalism.

- We also ask that you refrain from publishing the personal or private information of others without their consent.

- Do not post any false or misleading information about Benefit Barcode, our Site or its Services. This principle includes not impersonating others or creating a false identity.

- Do not advertise or publish any messages that may serve as advertisements or self­ promotion on our Site. This principle also means respecting one another and not contacting others for commercial purposes without their consent. Any images, or messages published to our social media that promote yourself or a business will be removed.

- Be creative and original and post only the content that is yours. Respect copyrights, trademarks, and other legal rights of other content creators. However, if you want to share content with us that is not yours, make sure to link to it directly and credit the source.  Publishing any content that is not your original content, such as branded logos, graphics, trademarks or slogans will be removed.

Please note that we do not endorse, nor we are responsible for the accuracy of the information, opinions, claims or advice shared by other social media users. Should you have a question, comment, compliment or complaint about your experience at our Site, feel free to contact us. If you have a problem concerning our customer service, please contact us using these methods.

Last but not least, please be mindful of the fact that when you post content on our social platforms, you give us a license to use, copy, modify, delete, adapt, publish, translate, sell or distribute such content without further approval by you or compensation that piece of content. For further information on copyright and trademark, see here our Terms of Use.

Privacy statement

 

This Privacy statement (hereinafter: Statement) was created for the purpose of www.bercode.com website and related application (hereinafter: website) operated by Benefit Barcode, Inc. (hereinafter: Benefit Barcode or Data controller)  as a service provider on the referenced website (headquarter: Delaware, USA, 19901 Dover, 8 The Green, Ste B) based on Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the data processing operations of Benefit Barcode to provide information on the processing of personal data, taking into account the provisions of the General Data Protection Regulation (hereinafter: GDPR) and for the purpose of fulfilling the obligation to provide information.

This Statement therefore applies to any natural person (as defined by GDPR: data subject) whose personal data is managed by Benefit Barcode, Inc. as a service provider on the website.

This Statement uses the terms defined in the GDPR, therefore, in order to facilitate the understanding of the Statement, the meaning of the terms is set out in Annex 1.

We also inform the interested parties that the names and terms specified in the Terms of Use on the website must be used with the same content in the interpretation of this Statement.

Although the Data Controller is headquartered in the United States, it provides its services in the European Union through its website, so of course it strives to comply with European Union data protection requirements.

We would like to draw the attention of the users of our website to the fact that persons under the age of 18 may not use our website. We do not intend to collect personal information about individuals under the age of 18. If we become aware that we have obtained personal information from people under the age of 18, we will take steps to delete that information from our database. Please monitor the internet use of younger persons in your household and please assist us in our work, if you believe we have personal information for people under the age of 18, please contact us at dataprotection(at)benefitbarcode.com.

 

1. The Data controller as well as the data processors

 

Data controller

Company name: Benefit Barcode, Inc.

Headquarter: Delaware, USA, 19901 Dover, 8 The Green, Ste B;

Registration number: 6045923

Represented by: Zsolt Török

We would like to inform you that Bercode Issuers also qualify as separate data controllers, therefore the parties concerned should contact the relevant Bercode Issuer directly regarding their data management, as Benefit Barcode does not see the data management of Bercode Issuers, it has no influence on it.

 

Data processors

We inform those concerned that we may use data processors for the data management operations specified in our Statement. This list of data processors is as follows:

Name of Data processor

Headquarter of Data processos

Activity of Data processor

Amazon Web Services, Inc.

https://aws.amazon.com/

P.O. Box 81226

Seattle, WA 98108-1226

Hosting services

Magyar Posta Zrt.

[javascript protected email address]

1138 Budapest, Dunavirág utca 2-6.

In order to perform postal services and parcel delivery, it will receive the personal data necessary for the delivery of the ordered product and will deliver the product using it.

 

GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.

[javascript protected email address]

2351 Alsónémedi, GLS Európa utca 2.

Performing a parcel delivery task.

CardDeal Kft.

4400 Nyíregyháza, Betlhen Gábor utca 25.

Administration services.

Szűcs Network Hungary Kft.

4400 Nyíregyháza, Rákóczi utca 98.

Card manufacturing and administration services.

Microsoft Corporation

USA - One Microsoft Way Redmond, Washington 98052

Microsoft 365 cloud service provider

Mailgun Technologies, Inc.

535 Mission St., 14th Floor San Francisco, CA 94105

Forwarding messages sent by the Bercode platform, to which we provide the name and e-mail address of the concerned data subject.

 

The Data Controller provides the Bercode Merchant with the IT service free of charge, through which the Merchant(s) automatically sends the data of the purchases with bercode to the Data Controller as a service provider simultaneously with the purchases (https://www.bercode.com/content/dataforwardingapi), they are stored by the Data Controller on the server of the hosting provider specified in the table above, as a data processor, and made available for download to its Partners, authorities and courts for a period of 5 years, retroactively. The provision of data is optional for the Points of Acceptance that do not qualify as a web store, it is obligatory for the web stores.

 

2. The scope of personal data processed in connection with the data subject, the purpose, legal basis and duration of the data processing

We inform you that the consent to the data processing of the data subject may be revoked at any time without justification. Withdrawal of consent shall not affect the lawfulness of the data processing prior to withdrawal. However, some data cannot be deleted for mandatory data management.

 

I. Registration on the website

We would like to inform you that three types of profiles can be created on our website:

1. bercode holder services profile (this profile is automatically generated during the first registration on our website, other profiles can only be created after that)

Categories of personal datas

Purpose of data management

Legal basis for data management

Duration of data management

name, email address, password, date of birth (month/day/year), lady / gentlemen address

Registration and contacting on the website.

Consent of the data subject based on Article 6 par (1) letter (a) of GDPR, subject to preamble 32 of the GDPR and necessary for the performance of the contract pursuant to Article 6 par (1) letter (b) of the GDPR.

Until the profile is not deleted by the profile holder, but no later than 5 years from the last activity.

 

After creating a bercode-holder services profile on the website, a user of our website may expand the profile information by entering the following information:

Categories of personal datas

Purpose of data management

Legal basis for data management

Duration of data management

Phone number, profile picture, area of ​​interest (geographical), areas of interest, billing address, delivery address, bank card details (bank card number, expiration date), maximum amount that can be automatically deducted from the bank card, currency

Provide a better user experience, faster and more efficient user options.

Consent of the data subject based on Article 6 par (1) letter (a) of GDPR, subject to preamble 32 of the GDPR.

Until the profile is not deleted by the profile holder, but no later than 5 years from the last activity.

Area of ​​interest (geographical), areas of interest *

* With regard to this data, we need your cooperation so that we can provide our service properly, because without this we do not know what bercode options you are interested in and we cannot notify you about the service provider belonging to the given area of ​​interest.

Providing the bercode service.

Legal obligation on the controller, as the performance of contracts concluded in connection with the bercode service, as a legal obligation under Article 6 par (1) letter (c) of the GDPR and Article 6 par (1) letter (b) of the GDPR, with the consent of the data subject Article 6 par (1) letter (a) of the GDPR, subject to preamble 32 of the GDPR.

Until the profile is not deleted by the profile holder, but no later than 5 years from the last activity.

 

2. bercode-issuer services profile (so-called Partner profile)*

Categories of personal datas

Purpose of data management

Legal basis for data management

Duration of data management

Mandatory datas: name (which appears as the name of the partner profile), name (real name-entrepreneur name), country, postcode, city, street, house number, email address, by ticking the appropriate checkboxes marking as an Issuing Partner, marking as an Merchant by entering a bercode

Optional datas:

profile picture, cover image, telephone number, tax number, website address, company registration number (registration number), bank account number, bank card data (bank card number, expiry date), maximum amount that can be automatically deducted from the bank card, currency, billing address, delivery address

Create a partner profile and contacting on the website.

Consent of the data subject based on Article 6 par (1) letter (a) of GDPR, subject to preamble 32 of the GDPR and necessary for the performance of the contract pursuant to Article 6 par (1) letter (b) of the GDPR.

Until the profile holder does not request deletion, but no later than 5 years from the last activity

* the processing of personal data can be interpreted if the holder of the Partner profile is a self-employed because he/she qualifies as a natural person. In other cases, the data of the legal entity do not qualify as personal data.

 

3. bercode-merchant service profile (so-called Partner profile)*

Categories of personal datas

Purpose of data management

Legal basis for data management

Duration of data management

Mandatory datas: name (which appears as the name of the partner profile), name (real name-entrepreneur name), country, postcode, city, street, house number, email address, by ticking the appropriate checkboxes marking as an Issuing Partner, marking as an Merchant by entering a bercode

 

Optional datas:

profile picture, cover image, tax number, website address, company registration number (registration number), bank account number, bank card data (bank card number, expiry date), maximum amount that can be automatically deducted from the bank card, currency, billing address, delivery address

Create a partner profile and contacting on the website.

Consent of the data subject based on Article 6 par (1) letter (a) of GDPR, subject to preamble 32 of the GDPR and necessary for the performance of the contract pursuant to Article 6 par (1) letter (b) of the GDPR.

Until the profile holder does not request deletion, but no later than 5 years from the last activity

* the processing of personal data can be interpreted if the holder of the Partner profile is a self-employed because he/she qualifies as a natural person. In other cases, the data of the legal entity do not qualify as personal data.

We would like to inform you that we are entitled to display our cooperating Partners on our website for promotional purposes (name, logo) and, if they also provided their web access when creating their profile, to publish them accordingly. We inform you that for the given name, web address, logo - if it can be interpreted for any errors, misspellings, etc. - the liability is excluded by Benefit Barcode, Inc.

 

II. Purchase of the bercode credit on the website and data management related to the sending of the related bercode carrier, ie card or other bercode carrier offered as an option by the Data Controller

Categories of personal datas

Purpose of data management

Legal basis for data management

Duration of data management

Data provided for profile data (see Point I.)

Identifying the buyer as a concerned person.

The consent of the data subject based on Article 6 par (1) letter (a) of the GDPR

Due to the fact that the bercodes purchased are recorded, the data management time is the same as the retention time of the data related to the profile.

Name, delivery address, bercode

Completion of purchase.

Necessary for performance of the contract based on Article 6 par (1) letter (b) of the GDPR.

For 5 years from the performance of the contract, with bercodes expiring and being deleted after their validity period (optionally 1-36 months)*.

 

*Except: a plastic card made with offset technology, a plastic keychain or sticker has an unlimited validity period, as it can be re-validated each time with a sticker when with a new validity period is requested and issued.

Name, delivery address, phone number

Delivery of the bercode carrier.

Necessary for performance of the contract based on Article 6 par (1) letter (b) of the GDPR.

For 5 years from the delivery of the product.

 

Name, billing name, billing address, tax number *

 

* Relevant for self-employed, as the data of legal entities do not qualify as personal data.

Issuance of an invoice.

Fulfillment of a legal obligation based on Article 6 letter (c) of the GDPR.

For a period of time in accordance with the accounting and record-keeping rules of the country where the service is provided.

 

III. Benefit Barcode application (Application)

We would like to inform those interested that the Application can be downloaded from both the Google Play Store and the App Store. This otice only and exclusively provides information related to the data management of the Application, so please inquire about the operation of the Application in the Application and on the Data Controller's website www.bercode.com. The data management related to the creation of a profile through the Application is governed by Section I of this Statement.

If you, as a person, allow the use of the locator on your device, you can view our partner Merchants´ locations and their contact information (address, email, phone number, web contact information and other information). Through the Application, the data subject can manage his/her savings in a transparent manner, which information can be considered as data belonging to the profile created during registration, the data processing time of which in this Statement is the same as the data processing period related to the created profiles.

The Application also contains the affected bercode code related to the profile and the data subject can register an additional bercode code with the help of the Application by entering the data manually or by scanning the barcode, which bercodes data processing duration by the Data Controller is also the same as in Point I and II of this Statement.

The Application provides an opportunity for the subject to even upload a photo to the Application. In this regard, we would like to inform you that the legal basis for the processing of the data subject's image is the data subject's consent based on Article 6 point (1) letter (a) of the GDPR, which is implemented by uploading the photograph. If the photograph does not contain only the image of the data subject, the data subject is responsible for obtaining the consent of the third party - who is included in the photograph - for the photographs to be transferred to the Data Controller by uploading them to the Application. The processing of photographs as personal data shall last until the consent is withdrawn, unless the transfer of the right of use has been carried out by the data subject without time limit.

 

IV. Register of Bercodes

We would like to inform you that in the submenu MY BERCODES the Data Controller registers the bercodes you have purchased, shared with you, transferred to you or deleted. The registration of newly purchased, shared with you or transferred to you bercodes is performed automatically by our platform, these bercode carriers and bercodes also appear visually in the submenu MY BERCODES after the purchase, transfer or sharing.

 

3. Data transfer

We inform concerned partners that in all cases, when the concerned partner

  • purchases through the Data Controller's website and chooses the online payment option, the data subject will be redirected to the interface of the given service providers (customer) to perform the payment transaction.

Name of service provider

Availability of the Service Provider's Data Management Information*

Stripe, Inc.

https://stripe.com/en-hu/privacy

*Due to the fact that the information available on the link may be constantly updated independently of Benefit Barcode, Inc., please always keep up to date with the current content on the website of the respective service provider.

  • requests home delivery, the Data Controller forwards the data provided during the purchase to the service provider, which is necessary due to home delivery. The service providers partnering in parcel delivery are included in the list of data processors.

In order to submit, validate or protect a legal claim, the Data Controller may also transfer the personal data of the data subject to a legal representative or consultant.

Furthermore, when fulfilling the legal obligation of the Data Controller, he/she is obliged to forward the personal data of the data subject to an authority or court in the event of such a call.

The employees and service providers of the Data Controller have access to the personal data, who are obliged to keep the personal data related to the data subjects known to them confidential and to keep it secret.

The Data Controller draws the attention of the data subjects to the fact that, as the Data Controller is domiciled in the United States, the transfer of the data subject's personal data outside the European Union may take place when the Bercode Issuer transfers the data subject's personal data to Benefit Barcode.

Pursuant to Article 46 (2) (c) of the GDPR, the transfer of data to a third country may constitute an adequate guarantee without the specific permission of the supervisory authority the application of the general data protection clauses adopted by the European Commission in accordance with the examination procedure referred to in Article 93 (2) of the GDPR between the data transmitter and the data receiver. The content of the data transfer agreement can be accessed by clicking on the link: https://www.bercode.com/site/legal. Please also read this document in detail.

 

4. Data security

The Data Controller is obliged to plan and perform data management operations in such a way as to ensure the protection of the privacy of the data subjects.

Within the scope of its activities, the Data Controller or the data processor is obliged to ensure the security of the data, as well as to take the technical and organizational measures and establish the procedural rules necessary to enforce the GDPR and other data and confidentiality rules. The data shall be protected by appropriate measures, in particular against unauthorized access, alteration, transmission, disclosure, deletion or destruction, as well as against accidental destruction and damage and from inaccessibility due to changes in the technology used.

The Data Controller must take into account the current state of the technology development when applying measures for the security of personal data. From several possible data management solutions, he/she must choose the one that provides a higher level of protection of personal data, unless this would be a disproportionate burden for the Data Controller.

We strive to protect the security of the data collected through the website and to apply generally accepted IT security standards designed to protect against loss of information, misuse and unauthorized access, disclosure, modification or destruction.

However, the security or integrity of the information provided online cannot be guaranteed, including due to technological limitations and the fact that no data available or sent over the internet is completely secure.

You further agree that if for any reason you or any person acting on your behalf are fraudulent or suspected of otherwise violating our terms and conditions, or you are in breach of the terms, we will suspend, block and/or terminate your use of our website, and/or initiate criminal and/or civil proceedings against you in the course of our enforcement.

 

5. Profiling, remarketing activity

Individuals, as data subjects, may be associated with online identifiers (such as IP addresses and cookies) provided by the devices, applications and protocols they use. Combined with these unique IDs and other information received by the servers, they can be used to create a profile of those involved and identify that person.

In all cases, please find out about the cookies we use from our Cookie Notice, which can be accessed by clicking on the link below: https://www.bercode.com/site/legal

If the Data Controller carries out profiling or remarketing activities, the data subject considers his / her consent to do so by reading the information provided in this Statement, Cookie Notice and accepting the referenced documents, as well as the cookie settings. If you wish to object, you may do so by sending an email to dataprotection(at)benefitbarcode.com.

 

6. Rights of the data subject

1. The data subject has the right, based on request, to receive feedback from the Data Controller as to whether the processing of his/her personal data is in progress. If your personal data is being processed, you have the right to receive detailed information about the processing of your personal data, including the categories of personal data processed in connection with it.

The data controller shall provide a copy of the personal data which are the subject of the data processing available to the data subject. The information is free of charge if the data subject has not yet submitted a request for information to the data controller for the same data set in the current year. For further information requested by the data subject, the controller may charge a reasonable fee based on administrative costs. [Right of access by the data subject]

2. The data subject shall have the right, based on request, to rectify inaccurate personal data concerning him or her without undue delay by Data controller. The data controller corrects the personal data if they do not correspond to reality and personal data that corresponds to reality is available. Taking into account the purpose of the data processing, the data subject has the right to request that the incomplete personal data be supplemented, inter alia, by means of a supplementary statement. [Right to rectification]

3. The data subject shall have the right, based on request, to delete personal data concerning him or her without undue delay by Data controller. The controller may comply with this request if the personal data are no longer required for the purpose for which they were collected or otherwise processed. The erasure of personal data concerning the data subject shall be carried out even if the data subject objects to the data processing and there is no priority legitimate reason for the data processing on the part of the data controller or a third party. Personal data must be deleted by the controller even if the personal data have been processed unlawfully or in order to fulfill a legal obligation under Union or Member State law applicable to the controller. [Right to erasure (‘right to be forgotten’)]

4. The data subject shall have the right, based on request, to restrict the processing if one of the following is met:

  • the data subject disputes the accuracy of the personal data, in which case the restriction applies to the period of time that allows the controller to verify the accuracy of the personal data;
  • the processing is unlawful and the data subject opposes the deletion of the data and instead requests that their use to be restricted;
  •  the controller no longer needs the personal data for the purpose of data processing, but the data subject requests them in order to make, enforce or protect legal claims; or the data subject has objected to the processing; in that case, the restriction shall apply for as long as it is established whether the legitimate reasons of the controller take precedence over the legitimate reasons of the data subject.

If the processing is subject to restrictions on the basis of the above, such personal data, with the exception of storage, shall be subject to the consent of the data subject, or to bring, assert or defend legal claims, or to protect the rights of another natural or legal person, or in the overriding public interest of the Union or of a Member State. The controller shall inform all recipients to whom or with whom the personal data have been communicated of the rectification, erasure, forgetting or restriction of data processing have been notified, unless this proves impossible or requires a disproportionate effort. [Right to restriction of processing]

5. The data subject shall have the right to receive the personal data concerning him / her made available to the Data Controller in a structured, widely used, machine - readable format and to transfer such data to another data controller without being hindered by the data controller; data management based on consent; and data management is automated. In exercising the right to data portability, the data subject shall have the right, if technically feasible, to request the direct transfer of personal data between data controllers. The exercise of this right shall not prejudice the right of cancellation. That law shall not apply where the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. The exercise of the right must not adversely affect the rights and freedoms of others. [Right to data portability]

6. The data subject has the right to object at any time for reasons related to his/her situation to the processing of his/her personal data on the basis of Article 6 par (1) letter (e) or (f) of the GDPR, including profiling based on those provisions. In that case, the controller may not further process the personal data unless it demonstrates that the processing is justified by overriding legitimate reasons which take precedence over the interests, rights and freedoms of the data subject or which relate to the submission, enforcement or defense of legal claims. [Right to object]

7. The consent of the data subjects to the processing of the data may be revoked at any time without justification. Withdrawal of consent shall not affect the lawfulness of the data processing prior to withdrawal. However, some data cannot be deleted for mandatory data management. [Right to withdraw his or her consent]

 

Exercise of the rights of the data subject in the event of the death of the data subject

In the event of an unexpected death, the data subject's rights in his or her life shall be exercised within five years of his or her death by a person authorized by the data subject by an administrative order or a public document or a private document of full probative value. If the data subject does not make a legal declaration in accordance with the above during his/her lifetime, his/her close relative according to the Civil Code is entitled to enforce his/her right to rectification or protest against the data processing, and - if the data processing was illegal or the purpose of the data processing has ceased with the death of the data subject - his/her close relative is entitled to exercise the right to delete the data or to restrict the data processing within five years after the death of the data subject. The right to exercise the rights of the data subject under this paragraph shall be granted to the close relative who first exercises that right. In the event of the death of the data subject, the person exercising the rights of the data subject shall certify the fact and time of the data subject's death with a death certificate or court decision and his/her identity and, in the case of the previous paragraph, his/her close relatives.

 

7. Remedies

 

Data controller

The data subject may contact the Data Controller by e-mail at dataprotection(at)benefitbarcode.com in order to exercise his/her rights under the GDPR, as set out in Section 8, or with any other questions or requests concerning his/her personal data.

If the data controller falls within the scope of the GDPR, the Data Controller is obliged to process the request within 1 month from the receipt of the written request in accordance with the provisions of the GDPR. If necessary, taking into account the complexity of the request and the number of pending requests, the controller may extend the time limit for processing the request. The person concerned shall be informed in advance of the fact or reasons for the extension.

If the data subject's request is justified, the controller shall implement the requested action within the procedural time limit and shall inform the data subject in writing of the execution. If the controller rejects the data subject's request, he/she must make a written decision. In his/her decision, he/she is obliged to indicate the facts on which the decision is based, the justification of his/her decision by presenting the relevant legislation or case-by-case decisions, and he/she is obliged to inform the data subject about the legal remedies against the data controller's decision. The data subject may be obliged to reimburse the costs related to the exercise of his/her rights only if the Data Controller has informed the data subject in writing after receiving his/her request about the circumstance that his/her request is excessive and at the same time informed the amount of the administrative cost, but the person concerned maintained his/her claim in writing despite all these circumstances. The data controller shall not start administration on the subject until the clear written feedback of the data subject.

The person liable for the costs shall pay the costs within 8 days of receipt of the request for payment issued by the controller.

 

Supervisory Authority

If the data subject considers that the processing of his/her personal data by the Data Controller violates the provisions of the GDPR, he/she may apply to the relevant National Authority.

 

Court

Without prejudice to other administrative or non-judicial remedies, all natural and legal persons shall have the right to an effective judicial remedy against a legally binding decision of the supervisory authority.

Without prejudice to other administrative or non-judicial remedies, all data subjects shall have the right to an effective judicial remedy if the competent supervisory authority does not deal with the complaint or does not inform the data subject within three months of the progress or outcome of the complaint.

Proceedings against the supervisory authority shall be brought before a court of the Member State in which the supervisory authority has its seat.

If proceedings are instituted against a decision of the supervisory authority in respect of which the Board has previously issued an opinion or taken a decision under the consistency mechanism, the supervisory authority shall send that opinion or decision to the court.

The rules for exercising the right to an effective judicial remedy against the supervisory authority are set out in Article 78 of the GDPR.

The data subject is also entitled to go directly to court if his or her rights under the GDPR have been violated in the processing of his/her personal data.

Please be advised to inquire about the location of the lawsuit in accordance with local data protection laws.

 

8. Third Party website (s)

The website may contain third-party websites, services and applications, such as third-party websites, links to sites operated by resellers (collectively, "Third Party websites").

When you click on such a link, you will leave our website and be redirected to a third party website. If you leave our website, you will no longer be subject to the terms and conditions of this Statement.

This Statement does not apply to third party websites and we do not review or take responsibility for third party websites, the content contained therein or their privacy practices.

This Statement does not cover anything that is inherent in the operation of the internet and is therefore outside the scope of Benefit Barcode, Inc.

 

9. Final provision

For all purposes provided by the data subject for the purposes set out in this Privacy Statement, the data subject is solely and exclusively concerned, or if the personal data is received from Bercode Issuers and/or Merchants by Benefit Barcode, the Bercode Issuer/Merchant is responsible, thus, if the data contains any personal data or other information of the data subject/third party or the data is incorrect or incomplete, Benefit Barcode, Inc. excludes its liability. If the data subject does not provide his or her personal data, he/she is obliged to have the appropriate consent.

The Data Controller is entitled to unilaterally amend this Statement without special consent. The amended Statement will be posted at www.bercode.com.

 

04th november 2020

Benefit Barcode, Inc.

 

 

Annex 1 (based on Article 4 of the GDPR)

 

For the purposes of this Regulation:

  • ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  • ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
  • ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
  • ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
  • ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
  • ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the 4.5.2016 L 119/33 Official Journal of the European Union EN framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
  • ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
  • ‘data subject’ - a natural person identified or identifiable on the basis of any information; identifiable natural person: a natural person who, directly or indirectly, in particular on the basis of an identifier such as a name, an identification number, a location data, an online identifier or one or more factors relating to the physical, physiological, genetic, intellectual, economic, cultural or social identity of a natural person identifiable.
  • ‘information’ - any data, signal or image that can be processed, stored and transmitted electronically, regardless of whether its content is legally protected.

Data transfer agreement

 

DATA TRANSFER AGREEMENT

General terms and conditions

according to Commission Decision of 27 December 2004 amending Decision 2001/497/EC as regards the introduction of an alternative set of standard contractual clauses for the transfer of personal data to third countries.

The following terms and conditions apply to contractual partners as data exporters of Benefit Barcode, Inc. (headquarters, Delaware, USA, 19901 Dover, 8 The Green, Ste B; company registration number: 6045923, represented by: Zsolt Török, CEO) under the territorial scope of GDPR as well as to Benefit Barcode, Inc. as data importer who applies these terms and conditions as binding to itself.

 

I. Definitions

For the purposes of these clauses:

(a) “personal data”, “special categories of personal data”, “data process/processing”, “data controller”, “data processor”, “data subject” and “supervisory authority/authority” shall have the same meaning as in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; hereinafter: GDPR) (whereby “the authority” shall mean the competent data protection authority in the territory in which the data exporter is established);

(b) “the data exporter” shall mean the controller who transfers the personal data;

(c) “the data importer” shall mean the controller who agrees to receive from the data exporter personal data for further processing in accordance with the terms of these clauses and who is not subject to a third country’s system ensuring adequate protection;

(d) “clauses” shall mean these contractual clauses, which are a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements.

The details of the transfer (as well as the personal data covered) are specified in Annex A, which forms an integral part of the clauses.

 

II.   Obligations of the data exporter

The data exporter warrants and undertakes that:

(a) The personal data have been collected, processed and transferred in accordance with the laws applicable to the data exporter.

(b) It has used reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.

(c) It will provide the data importer, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is established. In this regard, data importer declares that the provisions of the GDPR and the provisions of Act CXII of 2011 on the right to information self-determination and freedom of information and the provisions of Act CVIII of 2001 on certain issues of electronic commerce services and information society services are known to the data importer.

(d) It will respond to enquiries from data subjects and the authority concerning processing of the personal data by the data importer to the extent reasonably possible and with the information reasonably available to it if the data importer is unwilling or unable to respond. Responses will be made within a reasonable and legaly set time.

(e) It will make available, upon request, a copy of the clauses to data subjects who are third party beneficiaries under clause IV. The data exporter shall also provide a copy of the clauses to the authority where required.

 

III.   Obligations of the data importer

The data importer warrants and undertakes that:

(a) It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.

(b) It will have in place procedures so that any third party it authorises to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorised or required by law or regulation to have access to the personal data.

(c) It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the data exporter if it becomes aware of any such laws.

(d) It will process the personal data for purposes described in Annex A, and has the legal authority to give the warranties and fulfil the undertakings set out in these clauses.

(e) It will identify to the data exporter a contact point within its organisation authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with the data exporter, the data subject and the authority concerning all such enquiries within a reasonable time. In case of legal dissolution of the data exporter, or if the parties have so agreed, the data importer will assume responsibility for compliance with the provisions of clause II(e).

(f) At the request of the data exporter, it will provide the data exporter (for example: declaration of representative) with evidence of financial resources sufficient to fulfil its responsibilities under clause IV (which may include insurance coverage).

(g) Upon reasonable request of the data exporter, it will submit its data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by the data exporter (or any independent or impartial inspection agents or auditors, selected by the data exporter and not reasonably objected to by the data importer) to ascertain compliance with the warranties and undertakings in these clauses, with reasonable notice and during regular business hours. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within the country of the data importer, which consent or approval the data importer will attempt to obtain in a timely fashion.

(h) It will process the personal data, in accordance - with regard to the regulations of the GDPR – with the regulations of the country where data exporter has its registered seat.

(i) It will not disclose or transfer the personal data to a third party data controller located outside the European Economic Area (EEA) unless it notifies the data exporter about the transfer and

(1) the third party data controller processes the personal data in accordance with a Commission decision finding that a third country provides adequate protection, or

(2) the third party data controller becomes a signatory to these clauses or another data transfer agreement approved by a competent authority in the EU, or

(3) data subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which data is exported may have different data protection standards, or

(4) with regard to onward transfers of sensitive data, data subjects have given their unambiguous consent to the onward transfer

 

IV.   Liability and third party rights

(a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law.

(b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses II(b), II(d), II(e), III(a), III(c), III(d), III(e), III(h), III(i), IV(a), VI, VII(d) and VIII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which considered to be maximum one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

 

V.   Law applicable to the clauses

These clauses shall be governed by the law of the country in which the data exporter is established. Each party shall perform its obligations under these clauses at its own cost.

 

VI.   Resolution of disputes with data subjects or the authority

(a) In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.

(b) The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.

(c) Each party shall abide by a decision of a competent court of the data exporter’s country of establishment or of the authority which is final and against which no further appeal is possible.

 

VII.   Termination

(a) In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.

(b) In the event that:

(i) the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to paragraph (a);

(ii) compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;

(iii) the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;

(iv) a final decision against which no further appeal is possible of a competent court of the data exporter’s country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or

(v) a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs

then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses. In cases covered by (i), (ii), or (iv) above the data importer may also terminate these clauses.

(c) Either party may terminate these clauses if any Commission positive adequacy decision under Article 45(1) of GDPR is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the data importer.

(d) The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause VII(c)) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.

In the event of termination of these clauses, the data importer must return all personal data and all copies of the personal data subject to these clauses to the data exporter forthwith or, at the data exporter’s choice, will destroy all copies of the same and certify to the data exporter that it has done so, unless the data importer is prevented by its national law or local regulator from destroying or returning all or part of such data, in which event the data will be kept confidential and will not be actively processed for any purpose. The data importer agrees that, if so requested by the data exporter, it will allow the data exporter, or an inspection agent selected by the data exporter and not reasonably objected to by the data importer, access to its establishment to verify that this has been done, with reasonable notice and during business hours.

 

VIII.   Variation of these clauses

The parties may not modify these clauses except to update any information in Annex A. This does not preclude the parties from adding additional commercial clauses where required.

 

IX.   Description of the Transfer

The details of the transfer and of the personal data are specified in Annex A. The parties agree that Annex A may contain confidential business information which they will not disclose to third parties, except as required by law or in response to a competent regulatory or government agency, or as required under clause II(e). The parties may execute additional annexes to cover additional transfers, which will be submitted to the authority where required.

 

Annex A

DESCRIPTION OF DATA TRANSFER

 

Data subjects:

The personal data transferred concern the following categories of data subjects:

Consumers who use the services of Benefit Barcode, Inc. and contact person of bercode issuers, as well as acceptance points (merchants).

 

Purpose(s) of the transfer:

The transfer is made for the following purposes:       

Concluding a contract with Benefit Barcode, Inc. and providing continuous service to bercode holders/issuers/merchants under the contract.

 

Categories of data:

The personal data transferred concern the following categories of data:              

Name, e-mail address, password generated by the user, date of birth, gender, postal address, contact data provided by the user, number, type and expiry date of debit or credit card, data provided by the user while contacting us.

 

Recipients:

The personal data transferred may be disclosed only to the following recipients or categories of recipients:               

Payment processing partners, bercode accepting partners, postal service providers.

 

Special categories of personal data

(in case if such data categories are transferred):

The personal data transferred concern the following special categories of personal data:

We do not process such data.

 

Additional information:

e.g. storage limits, other relevant information            

We process your data according to our Privacy statement available at https://www.bercode.com/site/legal   https://www.bercode.com/content/privacypolicy

 

Contact information for data processing, data protection enquiries:

For data importer:

Name: Zsolt Török, CEO

E-mail: [javascript protected email address]

Phone number: +36 1 473 0510     

 

For data exporter:

According to the data provided during registration and contracting.

Mobile Service Terms

Benefit Barcode, Inc., a United States (DE) corporation (hereinafter "us, "we", “Benefit Barcode”, “Bercode” or “bercode.com”) operates the www.bercode.com website, contained within or otherwise available through external hyperlinks within such websites, mobile and other applications of the foregoing, and associated social media outlets (collectively, the “Site”). We collect information through the Site, including personal information about you. The following terms and conditions govern your participation in the use of the Site, any other related services provided by Benefit Barcode (taken together the "Service"). The Service is owned and operated by us. The Service is offered subject to your (hereinafter the "User") acceptance and agreement without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be put into practice by or published from time to time on the Site by us.

The following explains what data we collect and how we collect it.

IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR SUBSCRIBE OR USE THE MOBILE SERVICE.

When you provide us with your mobile phone number and you expressly consent to us sending text messages, including SMS and MMS messages, to the telephone number provided. You represent that you are 18 years of age or older. You understand and agree that the messaging and data rates apply.

We may use your mobile phone number for the purposes stated herein, including for mobile SMS/MMS messaging or content in accordance with our mobile text terms of use. We may use the location and Wi-Fi information gathered to generate reports in order to provide specific services. We may also use this information to send you information about promotions, services or goods, and provide advertisements about promotions, services or goods that may be of interest to you. Third parties may process location data as service providers to us, such as to facilitate marketing campaigns or to perform fraud detection and analysis on our behalf.

Our Site is not directed to children under the age of 18 (in some jurisdictions, this age limit may be higher). We do not knowingly collect personal information from children under the age of 18, nor do we knowingly distribute such information to third parties. For the detailed information, please see Benefit Barcode’s Privacy Policy. If we become aware that we received personal information from someone under the age of 18, we will take steps to delete such information from our records. If you believe we have personal information from someone under 18, please contact us at [javascript protected email address]

California Privacy Rights

Benefit Barcode, Inc., a United States (DE) Delaware corporation (hereinafter "us, "we", “Benefit Barcode”, “Bercode” or “bercode.com”) operates the www.bercode.com website, contained within or otherwise available through external hyperlinks within such websites, mobile and other applications of the foregoing, and associated social media outlets (collectively, the “Site”). We collect information through the Site, including personal information about you. The following terms and conditions  govern your participation in the use of the Site, any other related services provided by Benefit Barcode (taken together the "Service"). The Service is owned and operated by us. The Service is offered subject to your (hereinafter the "User") acceptance and agreement without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be put into practice by or published from time to time on the Site by us.

Some information you may provide to us voluntarily, while other information we gather through various means. We will retain that information for so long as you have an account or we have a legal or business purpose for it, unless otherwise stated herein. Your personal information may be collected, processed and stored on servers.

Our Site is not directed to children under the age of 18 (in some jurisdictions, this age limit may be higher). We do not knowingly collect personal information from children under the age of 18, nor do we knowingly distribute such information to third parties. If we become aware that we received personal information from someone under the age of 18, we will take steps to delete such information from our records. If you believe we have personal information from someone under 18, please contact us at [javascript protected email address]

The following explains what data we collect and how we collect it.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.

1. NOTICE TO CALIFORNIA RESIDENTS

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (hereinafter the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of personally identifiable information that we collect through the Site and the categories of third party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. We do not enable third parties to collect personally identifiable information from the use of our Site for their own purposes, except through an activity necessary for fulfilling their legal obligations such as payment processing, or shipping, and the like. California law requires us to inform you, at your request, (1) the categories of personally identifiable information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. In order to obtain this information, please send a request by email to [javascript protected email address] When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with our businesses or marketing partners. The email request should be sent with “California Privacy Rights” in the subject line. Please allow thirty (30) days for our response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.

2. SHINE THE LIGHT

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our shoppers, who are California residents to request and obtain from us once a year, free of charge, information about the personally identifiable information, if an, we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year.

If you are a California resident and would like to make such a request, please submit your request in writing to [javascript protected email address] Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response. Also note that under California law, businesses are only required to respond to a shopper's request once during any calendar year.