All rights relating to the freshCARD apply exclusively to Marché Restaurants Schweiz AG, Industriestrasse 28, 8305 Dietlikon (hereinafter referred to as “MRS”).
By registering your freshCARD, you agree to be bound by the following General Terms and Conditions (GTC) as well as the data protection regulations that form an integral part of the present GTC.
1. Participation in the freshCARD program
You may use the freshCARD without registration if you choose. However, you must register in order to participate in the freshCARD program and thus benefit from many additional advantages. Registration is possible for persons over 16 years of age. Minors must obtain the consent of a legal guardian. The following data are required for successful registration: last name, first name, address, e-mail address, cell phone number, freshCARD number including security code and marketing settings. After registering, you will be sent an e-mail to the e-mail address you provided that contains a link to activate your account. You will only benefit from the following advantages after successful activation.
You shall be responsible for keeping your information current and notifying us of any changes immediately. You bear the risk of any legal ramifications arising from incorrect or incomplete information.
2. Validity and fees
The freshCARD is issued by MRS. The freshCARD is valid at the following locations in Switzerland: Marché, Cindy’s, Zopf & Zöpfli and Zigolini Café (hereinafter referred to as “participating locations/MRS”).
The participating locations reserve the right not to accept a freshCARD or to restrict the use in any other way if there is a reason to suspect fraudulent or illegal use or use that violates these Conditions.
MRS does not charge any fees for the issuance, activation, use or reloading of your freshCARD. All points are valid for 36 months once they have been earned.
3. Reloading the freshCARD
You can reload your freshCARD up to a maximum of CHF 2000.– with a credit card, a debit card (EC/Maestro) or cash at the check-out register of a participating location. However, the freshCARD can also be picked up without loading money onto it. When loading more than CHF 100.– MRS will credit you an additional 5 % of the amount as a bonus. The freshCARD is an accepted form of payment at all participating locations. It is not a credit card or a savings account. Any money you load onto your freshCARD is only an advance payment for goods and services provided by the participating locations. You will not receive any interest or other income based on the balance.
4. Collecting points
After registering your freshCARD, you can collect either Coffee Points or Fresh Points (hereinafter referred to as “Points”) with every purchase. In order to be credited Points, you must present your freshCARD before making a payment at check-out. Please note that we cannot credit Points after payment has been made. No Points are credited when purchasing shop products, alcohol, non food such as tobacco, vignettes, fuel, use of Clean Toilets etc., when loading the freshCARD or when purchasing Marché catering services. When redeeming vouchers and discounts, these will be subtracted from the purchase value first and it will then be calculated whether the remaining value meets the Fresh Points conditions. Coffee Points are only calculated minus vouchers, but are independent of discounts. Clean Toilet vouchers are an exception to this. These vouchers are considered credit and therefore have no influence on the receipt of points. Only Fresh Points are credited for package deals and all-you-can-eat offers.
Fresh Points and Coffee Points cannot be combined in a single purchase. For example, if you purchase food for CHF 10.– and a coffee for CHF 5.–, you will only receive one Coffee Point but no Fresh Point. Points shall not be paid in cash and are non-transferrable.
4.1 Coffee Points
When you present a valid and registered freshCARD upon purchasing a coffee or hot drink at a participating location, one Coffee Point will be credited to your account. Once you have collected 10 Coffee Points, you will receive the next hot drink free of charge. You decide when you want to redeem your Coffee Points.
4.2 Fresh Points
For every CHF 15.– you spend (excluding hot drinks, shop products, alcohol, non food such as tobacco, vignettes, fuel, use of Clean Toilets etc, when loading the freshCARD or when purchasing Marché catering services) with your valid and registered freshCARD, you will be credited a Fresh Point. If you make a purchase in an amount between CHF 30.– and CHF 44.95 (eexcluding hot drinks and excluded merchandise), you will be credited 2 Fresh Points upon checking out. Once you have collected 10 Fresh Points, you will receive a discount of CHF 15.– on your next purchase of CHF 15.– or more (excluded merchandise). To redeem your discount, you must present your freshCARD during your next purchase. You decide if and when you want to redeem your Fresh Points.
You may cancel your participation in the freshCARD program at any time in writing. Before submitting your cancellation, you must redeem any collected points as well as use any remaining balance. Otherwise, they will expire without compensation. Collected points and any remaining balance cannot be paid out or transferred.
MRS is entitled to terminate the program with three months’ notice at the end of each month or to restrict existing rights and privileges. We will send information about the termination of the program in writing to your last known address (by mail or e-mail). Any balance on your card upon termination of the program by MRS will be refunded after the notice period. If you fail to request a refund from MRS within six months after the notice of termination, the balance will be forfeited without compensation. No further claims against MRS will arise from the termination of the program. Furthermore, MRS reserves the right to terminate your account without notice, should there be reason to suspect that you have violated these Conditions or have used your account illegally, without authorization or otherwise unlawfully.
6. Loss of card and liability
Only cards that have been registered at freshcard.ch can be blocked. Gift cards cannot be blocked. MRS assumes no liability for the credit balance on the card and will not issue reimbursements.
You have the option to block a registered card in the login area on freshcard.ch if you suspect that you have lost it. You may also communicate the loss of a card to customer service via e-mail or the contact form on freshcard.ch. If you have lost your card, you can decide whether you want a new card (data and balance can be transferred to a new card). If you do not want a new freshCARD, you may let your account lapse or cancel your participation in the program.
Please make an effort to safely store the freshCARD. Loss or theft shall be reported to MRS immediately. Until the card has been blocked, there is a risk that unauthorized third parties may use any points or balance on your freshCARD. MRS shall not assume any liability for direct or indirect damage resulting from the loss or theft and/or misuse of the freshCARD. MRS will not refund any freshCARD balance or Points that have been used by an unauthorized third party.
7. Data processing and advertising
a. Registration of collected data
A customer profile is created for you as a result of registering for and participating in the freshCARD program. This comprises contact data and information on purchases. The contact data comprises the information you provided when registering, such as your name, address, telephone number and e-mail address. The information on purchases comprises, for example, information on times and places, services and the use of special offers in connection with your freshCARD. In addition, data from the Coop Group can be added to supplement the collected data.
When registering for your freshCARD, you declare that you accept that MRS and the participating concepts can process your data to execute the freshCARD program.
By participating in the freshCARD program you accept that the participating concepts can use your data to send advertising and personalized offers (newsletter), provide coupons and points, process your purchases, communicate with you regarding account settings, purchases, etc.
You are aware that we can send you the newsletter by e-mail / text message to the extent that you have authorized the receipt of this type of information. Each participant can waive postal advertising on the freshCARD program at any time by depositing corresponding information in their freshCARD account or informing us that they do not wish to receive postal advertising.
c. Transfer of data
Personal data can be passed on to companies in the Coop Group for advertising purposes. These companies have the right to process this data for their own marketing purposes.
In addition, your personal data can be passed on to third parties (service providers), who process the data on behalf of MRS, and data may also be transferred to other countries. It will be ensured that any such transfer of data only takes place to a country which grants data privacy which is equivalent to Switzerland. The service provider may only process the data to the contractually agreed extent and may not use this data for his own purposes or pass it on to third parties.
You data can also be passed on to comply with statutory obligations, for example in connection with an official investigation.
d. Storage and deletion of data
In line with the principles of data privacy law, personal data collected from participants as part of the freshCARD program is only stored for the period and to the extent that this is required for the purposes for which it is processed, however at the longest until the end of the statutory archiving period. If a freshCARD participant requests that this data be deleted earlier, this is only possible if the participant simultaneously exits the freshCARD program. In this case all of the participant’s personal data will be archived using a pseudonym until the end of the statutory archiving period.
For statutory reasons receipts from purchases and the transactions relevant for points must be archived for 10 years. They are then deleted.
e. Rights of affected persons
Participation in the freshCARD program is intrinsically linked to data processing. A general objection to authorization for data processing is thus intrinsically linked to exiting the freshCARD program. Objecting to authorization to receive advertising (by post or e-mail) remains reserved. This objection only has future effect.
Each freshCARD participant can demand information on the information processed concerning him within the meaning of Article 8 of the FADP. Information requests can only be made in writing with presentation of an official copy of an identity document. Each freshCARD participant has the right to have any incorrect personal data corrected at any time. Please send any corresponding requests to:
Marché Restaurants Schweiz AG, Data Protection Officer, Industriestrasse 28, 8305 Dietlikon.
Participants in the freshCARD program have the right to file objections with the Federal Data Protection and Information Commissioner.
8. Applicable law
The General Terms and Conditions are exclusively subject to Swiss law, with the exclusion of conflict of law rules of private law.
9. Changes to the General Terms and Conditions
MRS reserves the right to amend or supplement the Conditions at any time. All changes shall be published online at www.freshcard.ch/GTC. In the event of comprehensive changes, you will be informed via the e-mail address provided at registration. If you decide not to accept the future General Terms and Conditions after you have been notified of them, you must cancel your participation in the program.
Dietlikon, May 2018