MBUY TERMS OF USE AND PRIVACY POLICY

The present conditions (“Terms of Use”) define the terms under which you may use the MBuy Service, and they detail our privacy policy.

By using the MBuy service, you affirm that you are aware of and unconditionally accept the present Terms of Use.

Except when otherwise indicated in the present Terms of Use, terms beginning with a capital letter mean the same as in the General Conditions and the term “Personal Data” means the same as in article 3 of the Federal Law dated June 12, 1992 on the protection of data (“LPD”).

By using the MBuy Service, you agree to abide by the following conditions:

All elements of the MBuy Service, in particular all logos, brands, names, images, comments, and descriptions are protected by brand protection rights, image protection rights, and copyright. All of these elements are the property of IDM and/or its partners. They may not be copied, reproduced, distributed, transmitted, downloaded by any means or for any reasons whatsoever.

Nevertheless, an exception exists to allow users to preserve a copy of the pages of the MBuy Service, the General Terms and the present Terms of Use for strictly personal ends, for non-commercial purposes, and on the condition that no modification be made.

We commit to collecting and processing your personal data in complete confidentiality in compliance with the present privacy policy (the “Policy”) and with the law. We ask that our merchant and sub-contracting partners do the same.

When you use the MBuy Service, we may collect a variety of information about you, in particular: (a) your first and last name, your email address, your address, your age, your mobile phone, landline, and fax numbers, your user name, your password, the language you speak, (b) information regarding transactions such as the information contained within your Order and the Order Confirmation, correspondence with the Merchant and with the Mobile Provider, etc.

We collect and process your personal data first to provide Mobile Offers, to process your Orders, ensure follow-through and billing, and if necessary for collection.

We also use your Personal Data to improve MBuy’s Service and for purposes of gathering statistics and improving marketing.

We ask Merchants who send you Mobile Offers to abide by the following rules:

As implied, during the ordering process, you will have the opportunity to subscribe to our newsletter. By subscribing you authorize us to inform you regarding new products and services we believe will be of interest to you based on your Order, and to communicate your personal data to a Merchant likely to propose a Mobile Offer that may be of interest to you.

Generally, we do not transmit your Personal Data to third parties without your prior consent.

By placing your Order, you do in fact expressly authorize us to transmit your Personal Data to our partners involved in the processing of your Order, as well as follow-through, billing, and collection of payment.

When subscribing to our newsletter, your Personal Data could be transmitted to our Merchant partners with the intention of offering new Mobile Offers.

We also draw your attention to the fact that we may need to communicate your Personal Data (i) by virtue of a legal or regulatory requirement (for example, upon the request of auditors), or (ii) following the injunction of a judicial or administrative authority or (iii) as part of any judicial or administrative litigation in which our company may be implicated, for as much as this information sharing is indispensable to the defense of the interests of our company and limited to what is strictly necessary.

The internet site, online services, interactive applications, electronic messages, and the advertisements of the MBuy Service may use “ cookies” and other technologies, such as web “pixel tags”. These technologies enable us to better understand user behavior, indicate to us which parts of our services are the most visited, and facilitate and measure the effectiveness of advertising and internet research. We treat the data collected by cookies and other technologies as non-personal data. However, to the degree that IP (Internet Protocol) addresses or similar identifiers may be considered Personal Data by applicable law, we will also treat these identifiers as Personal Data. In the same way, to the extent that the non-personal data are associated with Personal Data, we will treat the information thereby associated as Personal Data for the purposes of the present Policy.

You may deactivate cookies by changing options on most internet browsers. However, you understand and accept that certain functions of the MBuy Service may not be available if the cookies are deactivated.

Like many Internet sites, we collect some information automatically and store it in logs. These data include IP (Internet Protocol) addresses, browser type, language, the Internet Access Supplier (IAS), landing and exit pages, operating systems, date/time and data relative to how you browse through the site. We use these data to understand and analyze tendencies, to administer the site, understand the behavior of users, and collect demographic information regarding all of our users.

“Pixel tags” enable us to send electronic messages in a format allowing clients to read and know if a message has been opened. We can use this information to reduce or eliminate messages addressed to clients.

In principle, we create no link between these automatically collected data and your Personal Data. If we associate non-personal data in such a way as to allow for identification, the data that are thereby combined will be treated as Personal Data for as long as the data remain associated. [We do not communicate this type of Personal Data to third parties.]

We deploy recognized technical means to ensure the security of your Personal Data against the risks of unauthorized access, loss, destruction, or unauthorized use.

We maintain your Personal Data on our servers in Switzerland and with our host in France.

We will maintain your Personal Data for as long as necessary to achieve the goals for which we have collected them. In principle, we maintain your Personal Data for 12 months.

You will note that your data may be maintained for a longer period for statistical reasons, in which case your Personal Data in principle are used anonymously.

Some of your Personal Data may also be maintained to comply with legal requirements for purposes of archiving of books, accounting documents, and correspondence, generally for a period of 10 years.

If you wish to correct or have access to the data collected about you through MBuy Service, please send a written request accompanied by personal identification at the address indicated in point No. 7 below.

Limitation of liability

To the fullest extent permitted by law, we assume no liability for damages that may occur through your use of the MBuy Service. In particular, we assume no liability FOR damages resulting (i) from the use of or inability to use the MBuy Service, (ii) from revocation of your Access to the MBuy Service, (iii) from the unauthorized use of your mobile telephone or the terminal used to access the MBuy Service, (iv) from the unauthorized access to your data, (v) from LOSS, modification, DELAY, interception or errors during transmission toward and away from the MBuy Service, (vi), from the content published by third parties on the MBuy Service, (vii) from declarations and acts performed by the third parties on or through the MBuy Service. In no case can the liability of IDM exceed the amount for Orders you have placed through the MBuy Service.

To the fullest extent permitted by law and except for notice by us to the contrary, all the information published on the MBuy Service is provided “as is” and “to the extent available” and we make no guarantee in this regard.

Except in instances in which we act expressly in the quality of Merchant, we are not a party to the Sales Contract and have no control over the products or services that you purchase through the MBuy Service. We do not guarantee that a third-party Merchant will complete a transaction, nor that it will be authorized to do so, nor that it will fulfill its obligations as provided for in the Sales Contract.

Links toward websites that do not fall directly under the responsibility of IDM may be present on the MBuy Service: the present Policy does not apply to them, unless indicated. We do not assume liability for the practices of these third parties regarding the processing and protection of data of a personal nature and we recommend that you inform yourself regarding their protection practices.

We may limit or block your access to the MBuy Service at any time, without notice, at our sole discretion, particularly if (i) you have violated these Terms of Use or any directive or instruction from us, (ii) you have violated a Sales Contract, (iii) following injunction by a competent authority or (iv) for technical maintenance reasons or for modifications to the MBuy Service.

Language

These Terms of Use are drafted in French, German, Italian, and English. Should a variation be noted, the French version will serve as the authoritative version.

Divisibility

If one or more of the provisions of the present Terms of Use is declared invalid or unenforceable for any reason, it should be adapted however possible rather than canceled in order to respect the parties’ intention as much as possible. In any case, all of the other provisions of the present Terms of Use will remain valid and enforceable to the extent that they are compatible.

Modifications

We reserve the right to modify or adapt at any time and without notice the present Terms of Use, in particular to ensure their compliance with legal and regulatory provisions. Modified versions take effect as soon as they are published on our website.

Applicable Law

The present Terms of Use are governed by Swiss material law.

Jurisdiction

Any litigation arising with respect to the present Terms of Use will be subject to (i) the exclusive competence of the ordinary courts of the headquarters and residence of one of the parties, when the action is brought about by the Client and (ii) to the exclusive competence of the ordinary courts of the headquarters or the residence of the respondent, when the action is brought about by us or by the Merchant.

Any questions, requests, or claims should be directed to us at the following address:

ID Mobile SA

Customer Service

Z.I. Rio Gredon

chemin Pré-au-Blanc

CH – 1806 St-Légier

email: info@mogo.ch