Terms and protection of personal data

Last updated: 18. July 2014.

1. Who are we?

PointShop is a website and a service that offers its users to chance to earn points by making use of advertisers' offers through PointShop. The earned points can later be used to order products from our supplier in the shop area of PointShop.

These terms and conditions explain how you should use PointShop’s service and website (www.pointshop.it), and how we protect your personal information.

PointShop is a concept, which is offered, developed and operated by:

PointShop A/S
Skibbrogade 3, 3. sal
DK-9000 Aalborg
Denmark
VAT number: 31576318
Tel. +44 2071933703 (Monday – Thursday, 7am - 11am)

Email:info@cmnetwork.dk

You can read more about CM network A/S via www.cmnetwork.dk

PointShop & CM Network’s conditions and protection of personal data

We are committed to protecting and respecting your privacy, in the following we explain on what basis we are dealing with the personal information which we receive from you, or that you give to us. Please refer to our specific treatment of personal information under the point number 6, called personal data.

Please read through the conditions and the protection of personal data carefully in order to understand our views and practices regarding your use of PointShop and your personal data.

You cannot use PointShop, if you do not accept our terms and conditions.

2. Terms and agreement

2.1 Acceptance of terms and agreement

When you register as a user/member of PointShop, you confirm that you have read the terms of service, and that you accept the terms of it. This then acts as an agreement between you and PointShop; whereby you and PointShop are committed to the conditions of the terms.

With your registration, you agree that PointShop may email you our electronic newsletter on the email address you register with.

Important updates and changes in the terms are published on the front page of the PointShop website.

The terms have the number 20110826 and they have been valid since 26th August 2011.



The terms have the version number; 20110826 and have valid from August 26th 2011.

2.2 Rights
All rights to the PointShop concept and the www.pointshop.co.uk website, it’s service, concept, design, content and share elements including but not limited to the text, graphics, photographs, audio and video recordings, software and URLs belonging to PointShop and/or advertisers and/or suppliers must not, without PointShop’s and/or advertiser’s and/or the specific supplier’s prior consent be copied, displayed or distributed to third parties. This includes both, ordinary linking and deep linking.

Doing this without such consent of PointShop, the www.pointshop.co.uk website and its contents constitute a violation of copyright law, including the Act regarding database protection, and there may be other violations of other intellectual property legislation and Marketing Act.

3. Subscription as user (member)

3.1 A special note for children under 15 years

You must be 15 or older in order to sign up to PointShop. Please, do not join if you are under 15 years old.

3.1 A special note to parents of children under the age of 15
Although we prohibit registration by children under the age of 15, you as a parent should monitor your child's online activities and consider options for safer use of Internet by using controlling programs from online services and software providers that help provide a child-friendly environment on the Internet.

These tools can also prevent children passing their name, address and other personal information on to third parties without parental permission.

3.3 Information about your personal information and password
To use PointShop you must inform us of your identity, you must be over 15 years old and a resident of the UK. PointShop cannot be used by anybody with an address in the Republic of Ireland. We do not send products to PO boxes or general delivery. Companies or other legal persons may not register with PointShop.

If there are changes in your personal information, you are obliged to update them on the PointShop website.

3.4 E-mail address and personal password
When you register on PointShop, you must register with an email address and an optional password. The password is your personal information that you are obliged to keep to yourself and therefore must not share with others. This gives you the assurance that you, and only you, can access your account on PointShop. You are responsible for all of the orders made from your account at the PointShop shop by use of your password, unless there are signs of misuse, please see section 8.2 below concerning liability for misuse.

If you suspect that someone has had access to your password, you must notify the PointShop’s Customer service Team immediately. Failing to do so means that you are then liable even for any abuse your account may have suffered from. You will soon receive confirmation from our support team that we have blocked your account, outlining the time of your message.

PointShop is not responsible for any loss as a result of a third party gaining access to your account, or the disclosure of passwords to any third parties.You must be the registered user of the email address you use on PointShop. This means that your email account must be personal and it must be linked to an email account with a password. Your email may not be open and available to others. Your email account should also not automatically delete any of your emails.

3.5 User Account (member account)
We only allow one user (person) per account. It is not allowed to have multiple user accounts. It is therefore not allowed to create a user account on a home address and one at a work address or anything similar to that kind of scenario.

It is not permitted to register with another person's email address, name or other personal information. It is also not allowed to take part in any campaigns, or to order anything with another person's email address, name or other personal information.

Those who have multiple user accounts (whether it is via the same IP address or email address) will get all their user accounts closed down and therefore lose all the points that may have been accumulated.

Any user who gets their account closed, may not create another account on PointShop. However if they do, it will again, be closed down.

3.6 Newsletters
As a service from PointShop you will receive electronic newsletters from us via email, informing you about news and offers.

If you wish to be kept informed of all the new campaigns that you can earn points on at PointShop by email, please feel free to join our special newsletter via www.pointshop.it/setup.asp.If you wish to unsubscribe from this special newsletter, you can do so in the same place.

If you would like to keep informed via SMS about any major news from PointShop, you can join our text newsletter via www.pointshop.it/setup.asp. If you wish to unsubscribe from this text newsletter, you can do so in the same place.

PointShop bears no responsibility if a newsletter or other communication from PointShop does not appear in the inbox of a user, or if other communications do not come from PointShop, for example, if emails get caught in spam filters, or if the user has made a typo when entering their email address in our system.

3.7 Closing of account
If you wish to close your account, you can do so quickly and easily, free of charge at any time you want via www.pointshop.it/helpdesk/guide_deleteprofile.asp

You can also choose to contact our Customer service who will close your account for you. You can contact our Customer service team at the bottom of all pages on the website.

3.8 Unauthorized access
Any attempt at unauthorized access (eg hacking) on the website is illegal and will be prosecuted.

3.9 Rules for using credit cards when paying for VIP Membership on PointShop
It is not permitted to pay for PointShop’s paid services (VIP Membership) with another person's credit card. In the case that PointShop find out a user with an active or terminated VIP membership also has registered and/or paid for other people with the same credit card, PointShop hold the right to terminate the VIP membership, return the amount paid and cancel all of the accrued points that the account in question may have. This also applies to the points that may have been awarded to the credit card holder or user account holder as a result of having made a referral in order to recruit new VIP members to PointShop.

If in the meantime, anyone who has been caught committing any kind of wrongdoing regarding our VIP membership and received a welcome gift/s, whether it be by regular mail or email, they must be returned unopened and unused to the supplier within 7 days of the order. Otherwise PointShop hold the right to, and will send the user who is responsible for the abuse and/or the devious activity, an invoice for the costs that PointShop has incurred in connection with the abuse.

Without prior notification, PointPay shall be entitled to assign, transfer or distribute the rights and obligations of the VIP members to any third party of PointPays choosing. No written approval from the VIP member is necessary.

4. Earning of points through offers

4.1 Completion of offers

You can earn points by completing offers that are shown on the website.You will only earn points if you sign up by clicking on the offer at PointShop and by filling in (if needed) the subsequent registration with your correct personal information.

The correct personal information must be the same information that you have registered with at PointShop.

You do not earn points by signing up for offers from other banner ads on other websites, etc. You will only earn points if the offers you taken part in have been completed from PointShop’s website. Please note that you will only earn points for offers that you have not already used or signed up to before, via other banner ads or websites, etc.

You are required to give accurate information when making use of the offers. If we determine that points are earned by improper means (either by making orders with false or untrue information, or by exploiting technical vulnerabilities in PointShop’s IT system), your account will be closed without any notice. In this case, you will be deleted as a user on PointShop, and you will lose any points you may have earned.

To earn points you must make sure your browser is set to accept all cookies, so PointShop can detect processes correctly and accurately. To earn points you must also meet the conditions of the offer and ensure that you complete it properly. You must test the product in question according to the offer before it can be terminated, or you sign out (if it is a website).

You are responsible to save the confirmation email that you receive when you complete an offer.

If the automatic update of points fails, PointShop reserves the right to refuse to register the points if you cannot present a confirmation email as proof of completion of the deal. The ‘deal’ being the offer you took part in regarding the case of which the missing points is concerning.

4.2 Update of points
You can only earn points at PointShop if the following conditions are met:
  • That there is only one user account per person.
  • That the personal information (such as email, name, address) of the user account is always correct at all times.
  • That campaign in question has not previously been used - not even through other channels such as banner ads from other websites, etc. whether it was through PointShop or not.
  • That all the conditions for completion of the campaign have been met.
  • The absence of system failures or breakdowns on PointShop’s IT system or third party IT system, which may result in the points not being registered, unless a confirmation email can be presented.
PointShop will register your points as soon as possible. The timeframe for this can vary quite a lot, because in some cases it may take a long time to confirm the implementation of an offer due to a campaign perhaps requiring approval from the advertiser.

If you think you have completed an offer and your points are not updated within 48 hours, please check that you have complied with all of the requirements in the offer. If you think you have met the requirements already but still do not have the points, please forward your confirmation email regarding the campaign to PointShop’s email Customer service, who will then review the case.

4.3 Terms of offer
PointShop prioritizes that all users, advertisers and product suppliers have a good experience with PointShop and we therefore pick we our advertisers and product suppliers with care.

When you complete an offer directly from an advertiser, you should always thoroughly read through the terms and conditions and note any costs that may be associated in the agreement with the advertiser. If there are problems with an advertiser's offer, service or product, please contact the advertiser directly.

PointShop are in no way responsible for the agreements which a user enters in to directly with an advertiser, this agreement is made bypassing PointShop. All offers are at the user's own risk.

5. Buying with earned points

Points is the currency used at PointShop. You earn points by making use of our advertisers’ offers. It is not possible to get points paid out, transferred to a second point account or ed into money.

The point indication includes 25% VAT.

As from the 31/12/2013 section 5 of the conditions will be updated, as there will be a 12 month period of point validity imposed, which will be calculated on a monthly basis. This means that all points must be used within 12 months after they are earned. As for all of the points earned before the 1st January 2013, they will no longer serve as payment for products in our shop after the 1st January 2014. Points will be deleted on the last day in the month.

5.2 Purchase of products in the shop at PointShop
The earned points can only be transformed into products in our shop, from our suppliers. For each product it says how many points you must have earned in order to be able to order the product.

You cannot use the earned points for products or services from our advertisers.

Subject to typing and writing errors, if you should have ordered a product that is set to an incorrect point value, we reserve the right to cancel the order (in which case you will receive your points back).

To order products from the shop at PointShop, you must first activate the guarantee for the validity of your email address, your telephone number and your mailing address via www.pointshop.it/myaccount.asp. We require this to help protect and ensure PointShop , our suppliers, our advertisers and you against fraud and abuse.

If we subsequently discover that a user has received a product by cheating, PointShop holds the right to, and will claim against the user for the amount of the product's value and an administration fee of £80 incl. VAT.

5.3 Delivery of products
PointShop has no warehouse. We work with shops and webshops (suppliers), who stand for the shipment of products ordered in the shop at PointShop.

All transportation costs for goods ordered from the shop on PointShop are paid for by PointShop. We strive to ensure that our suppliers have the shortest delivery time possible. Delivery times may vary and may be delayed if an item is on backorder, or due to holidays/vacations of staff either at PointShop or those who work for our suppliers.

Products will be delivered to the address you specified in your user account. If you order something in our shop and it comes back to our suppliers due to an incorrect address or something similar, you are responsible for this and the points will be returned to your account. However, we reserve the right to charge a processing fee in points, which equals the amount of the expenditure we have used on delivery and handling.

If a package is lost in transit, you must use the tracking code the supplier of the product may have sent you via email or told you over the phone.

If there is no tracking code for the package, you should contact the supplier if you have not received it within 1 month of ordering.

It may happen that a product has been discontinued by a supplier. If that happens, we will refund the points back in to your account.

5.4 Delivery
It may happen that there are delivery difficulties on a product, or the product has been discontinued from a supplier. If that happens, your points will be placed back into your account.

The supplier of the product will send you your free product within approx. 2-8 weeks. Delivery time will vary depending on the product and the supplier. Most products are delivered between 2-6 weeks from the time PointShop approve the ordered product. PointShop reserves the right to give back your points so you can use them on another product if the product in question cannot be delivered. Products are subject to delays regarding the delivery to the user, PointShop will not replace any product in the case of any delays.

If within 10 business days you have not received your order and you have confirmed to PointShop that your address is correct (via address guarantee), you can contact the supplier via www.pointshop.it/helpdesk/showorder.asp. Then the supplier will search for the product on your behalf and if the supplier finds it necessary to send a replacement product or place the points in to your account, they will take that decision.

If you do not make PointShop aware of a non-delivery of an ordered product within 3 months of the product being ordered and approved in the shop, we hold the right to waive your complaint. This is because after 3 months, PointShop no longer have the opportunity to get shipping data from our logistics partners.

5.5 Return of product
In the event of a supplier having mistakenly delivered the wrong product, you must immediately complain to the supplier or PointShop, who will then make an honest attempt to deliver the correct product. This will only occur provided you make a complaint within a reasonable timeframe and that the wrong product is also returned to the supplier.

If a product proves to be faulty or missing, you just complain to PointShop, who will then arrange for the proper treatment of your potential claim.

5.6 Diritto di recesso
5.6.1 I fornitori di PointShop
Hai il diritto di annullare gli ordini effettuati tramite lo Shop di PointShop. Il diritto di recesso vale 14 giorni dal momento in cui ricevi il prodotto. Devi rimandare il prodotto all'indirizzo del fornitore oppure rifiutare la consegna del prodotto stesso.

Le spese per la restituzione del prodotto sono a tuo carico. Il prodotto deve essere restituito integro in tutte le sue parti e nello stesso stato in cui è stato spedito dal fornitore. Se i Termini e le Condizioni di recesso sono state rispettate, ti verranno rimborsati, entro 30 giorni dal ricevimento del prodotto da te restituito, i punti che hai utilizzato per effettuare l'ordine.

Non possono essere restituiti prodotti che sono stati utilizzati, se questo appare ovvio, o il cui utilizzo ha comportato una diminuzione del valore del prodotto; inoltre il diritto di recesso non copre prodotti il cui sigillo di garanzia sia stato intaccato, quali softwares, macchine fotografiche etc.

5.6.2 Gli inserzionisti di PointShop
Per quanto concerne i prodotti che acquisti tramite le offerte dei nostri inserzionisti su www.pointshop.it, i Termini e le Condizioni applicabili -tra cui il diritto di recesso- sono quelli indicati sul sito dell'inserzionista. PointShop non ha nessuna responsabilità al riguardo.

6. Privacy

6.1 Processing of Personal Data

Treatment of all personal information is governed by the Privacy Act.

The personal data that we collect from you, or that you provide us with will be encrypted and stored on servers protected by passwords and firewalls. Your information is only available to you and trusted employees of PointShop.

PointShop will under no circumstances disclose any such data unless you have given your consent for us to do so. The only possible exception to this is if the law requires it, or in response to a valid request from a law enforcement agency or public authority.

6.2 Automatic collection of personal data
A prerequisite to earn points at www.pointshop.co.uk is that your browser is set to accept cookies. A cookie is a small file containing information that a website stores permanently on your computer's hard drive. There are also cookies which are saved temporarily on your computer when you visit the website, but these disappear when you close it down. The cookie allows that site to recognize your computer and they are in turn used to improve the usability of our website. Cookies are used by the vast majority of all major websites.

Our cookies do not reveal or contain any identifiable or personal data, they merely enable us to collect, record and process what parts of our site interest you and how long you stay on the website for. In this way we can organize the website according to the needs of our users. We can also see which sites our visitors are coming from.

You can always delete these cookies. If you set up your Internet settings to automatically delete cookies, it may mean that the campaigns are not working properly and you thus, do not get the earned points. Your IP address is also registered, we use your IP address for statistical purposes and to target our advertising and the layout of the website.

6.3 Third Party Privacy Policy
PointShop only collects your personal information with your explicit consent.

6.3.1 Advertisers, suppliers and other businesses
PointShop’s website contains links to other websites - typically advertisers. PointShop has no control over the content of any third party sites and is not responsible for these websites, their terms of use, privacy policy and/or the personal data they request, or may automatically collect. The use you make of these websites are subject to these third party terms and conditions, including their privacy policy. We encourage you to read their terms and privacy policy carefully.

6.3.2 Speciel cases
We have a confidential part of the site that shows a certain statistical data regarding the use of our content. This data may include demographic data such as age and/or geographic location of groups of users. No personal data such as names or email addresses will be identifiable from such statistics.

When you use PointShop, information about your conduct in its purified form may be used in a larger study or analysis of for example, visitors' purchasing behavior. However, information about your specific purchase will not be used separately in relation to you as a person. Such studies are made by us or our partners, who are subject to confidentiality.

We do not sell or share your personal data with other companies in our group without you expressing your consent for it. However, we reserve the right to sell or distribute any data, including personal data to third parties in the event of a sale, merger, consolidation, change of control, transfer of substantial assets, reorganization or liquidation of our group - including PointShop. It goes without saying that the Privacy Act will be respected.

7. Customer service

If you have questions regarding the use of PointShop you will, in most cases be able to find the answer in our Frequently Asked Questions via www.pointshop.it/helpdesk/faq.asp. If you could not find the answer here, please feel free to contact our Customer service.

You can contact Customer service via; /helpdesk/ticket_v3.asp

The support cases will be archived. The processing of these queries can be used for internal training.

8. Responsibilities

8.1 Limitation of Liability

PointShop assumes no further responsibility than what PointShop is bound to by Danish law.

PointShop is in any case not liable for circumstances beyond PointShop's control (force majeure), for example, but not limited to; strikes, lockouts, fire, lack of transportation, war, currency restrictions, computer viruses, hacking, system failures and outages, a ban on imports/exports, energy outages, etc.

8.2 Responsibility and interlock for abuse
You may be liable for unauthorized use of your password on your account in accordance with the rules and limitations imposed by Payment Act § 11.

PointShop will block your account in the following cases; when you communicate to our Customer service that you suspect unauthorized misuse of your password, (please refer to Section 3.4), or if PointShop has reason to suspect that your account is subject to abuse. The account will be reopened again as soon as it is clear that your account can no longer be subjected to abuse, we will help ensure this by giving you a new password.

8.3 General etiquette
We reserve the right to delete a profile if the general etiquette is not respected. Good general etiquette includes good behavior and good manners, whereby you show respect for both, PointShop and other people.

9. Breach of conditions

PointShop reserves the right to, without notice, delete a user account if you breach these terms and conditions. If you delete the user account because of default, PointShop are also entitled to close down your account, meaning you will lose the points you may have earned.

PointShop obviously wants a good relationship with all of our users and in any case of abuse our support team will as a rule, delete your user account and contact you in order to inform you with the reason for this. You can always contact support if you believe that your removal of your account was improper. However, in all cases where you are in doubt about rules and conditions, please contact our Customer service team so they can provide you with the necessary help and explanation regarding the proper use of PointShop.

Please note that as of September 23rd 2014 we will be changing our name to PointWorld. When you have a VIP-membership, your VIP-membership will continue as a Premium membership at the same price but with changed features. On http://www.pointworld.com/premium you can read more about your future membership advantages.