Terms and Conditions Lidl Plus

 A.    Terms and Conditions Lidl Plus

Status: June 2022

1.  Area of Application and Relationship to other Regulations

These Lidl Plus terms and conditions (“terms and conditions”) regulate the participation of the customer loyalty program Lidl Plus (in the following “service”). The service is operated by Lidl Stiftung & Co. KG (in the following “Lidl  Stiftung” or “we”). However, Lidl Stiftung is entitled to involve subcontractors and/or other Lidl companies (eg, Lidl Cyprus); hereinafter referred to with Lidl Stiftung as “Lidl Companies” or “Lidl”) to provide the service. The service is directed at consumers (in the following “user” or “you”), who want to receive the information personalised by Lidl about offers and specials from Lidl and selected cooperation partners, which correspond as strongly as possible with the relevant person’s interests. The service’s aim is also that the users receive more relevant content and that Lidl does not send such content that is not of interest to the user. The basis for determining relevant content is the purchasing and usage behaviour with regard to the products and services of the Lidl Companies, as described below.  The service is made available on the basis of the following terms and conditions.

2. Conditions for Participation

You must be 18 years of age and consumer to register for our service. Participation can only take place for private use. A commercial participation as enterpriser is excluded.

3. Registration and Account

To make use of our service, you must create an account.

You make a an active registration for the service and to use the functional scope of the service by clicking on the "Continue" button in the app and providing all requested information, entering the username and password for your My Lidl Account ("Login Data") and clicking on the "Register" button. You will not incur any costs as a result of this registration. Until you click on the "Continue" button, you can cancel the registration process at any time or change the information you have provided by deleting, adding or correcting the information provided in the various fields or by closing the app. After completing the registration process, you can change the information provided in your personal account at any time.

Upon receipt of your registration, we will send a confirmation to the email address you provided during registration. This email confirmation also represents our acceptance of the registration and contains a verification link. The service can be used as soon as you have received the email confirmation.

Because we are offering the service voluntarily and at no cost to you, we have the right to deny the creation of an account in individual cases without stating a reason.

The e-mail address and mobile phone number that you give cannot be allocated to another account. It is also not permitted to give an e-mail address, mobile phone number or other contact data that do not belong to you, especially so called “throw-away e-mail addresses”. You must store your access data safely. It is not permitted to allow other persons access to your account.

Every interaction with Lidl that takes place through your account is attributed to you. This is also the case if a third person acts via your account, if this third person was able to use your account due to your negligent behaviour. It is your duty to inform us immediately about any unauthorised use of your account and to change your access data if you suspect your account has been used by another person(s).

You have the following options for registration with Lidl Plus:

•    via our app, which is available for various mobile platforms.
During the registration a customer number is automatically assigned to you.

4. Subject of the Service

4.1    Tailored Information

The purpose of the service is to send you or display in the Lidl Plus app information as tailored to your needs as possible and –insofar possible– also design our offers and services for you in a personal way.

Participation in Lidl Plus is free of charge.

With Lidl Plus you will benefit from a wide range of services tailored to your needs. This contains among other things offers specially matched with your needs and desires, the participation in competitions, discounts and special offer actions. To this end, we will try to determine your interests and preferences in relation to products and services offered by Lidl.

If we ask you for your consent for the processing of your data as described below, the information concerned will only be processed for the purposes of Lidl Plus if you have given your consent.

4.2    Data Collection and Storage

The basis for the determination of offers suited to you is provided by the data listed in the following paragraph:

4.2.1    Registration for Lidl Plus

As part of the registration process we request the following customer data: first name, second name, date of birth, e-mail address, mobile phone number and preferred Lidl store. It is optional to provide us your: salutation, gender and your home address (street, house number, post code, city and country). To set the preferred store the geolocalisation function of your mobile device can be used.

4.2.2    Data from “My Lidl”

If you have voluntarily provided certain information about your circumstances and interests in your “My Lidl Account”, we also collect this information within the framework of Lidl Plus.

4.2.3    Store Visits

  When you identify yourself during your store visit at either the cash register, we record
the store you visited, the products purchased according to amount, type and price, the   coupons used, the receipt total as well as time of payment process and payment type. With the allocation of your purchase to your customer account we pursue the purpose stated in paragraph 4.1, e.g. to be able to make you offers especially adapted to your preferences and interests as well as offer participation in specials.

At the till you identify either with your digital customer card.

4.2.4    Customer Service

When you contact the customer service of the Lidl Companies, we process the data that you supply in this context.

4.2.5    Use of the App

When using the Lidl Plus app we collect information about the store where you buy. In addition,
we collect information about all content viewed in the app such as activated coupons, your notification settings, the participation in lotteries, viewed articles and your selected main store. We also collect information about your interaction with the app such as visited sections, the screens seen during each session, the number of clicks and scrolls. Additionally, we process your CustomerID (LoyaltyID), information about the operating system version you use, the device
identification, the system language, and the chosen country, as well as the app version used by you. We collect this information about your app use in part only subject to your consent under data protection law. Please refer to our data protection policy.

4.2.6    Login Details

Your login details are stored and used to carry out the login. So that you do not have to login again every time you open the app, your login details are saved in the app (encrypted) until you log out of the account.

4.2.7    Offers from Partners

Within the Lidl Plus app you will sometimes, e.g. as part of discount specials, have the option to receive special offers from cooperation partners. Generally, these offers contain generic or individualised identification number (in the following promotion code) assigned by the partner firm, which you must present or which is read when you are redeeming the voucher etc. with the cooperation partner. In some cases, to avail of the offer, instead of the promotional code you must identify as Lidl Plus customer using your digital customer card. The coupons are not our offer; reception and use of these offers are therefore exclusively subject to the terms and conditions and data protection information of the cooperation partner concerned. As such Partner Offers may be amended and/or removed from time to time by the offering cooperation partner, under the condition that the necessary information has been provided.  The partner firms will inform us about the fact of redeeming the coupons, vouchers and promotional codes etc. Insofar as the function “Partner Offers” contains external links (hyperlinks) to websites of
third parties, these linked websites are exclusively subject to the content responsibility of the relevant operator.

In the event that a special offer shall be granted within Lidl Plus for contracting services of our cooperation partners, the latter will provide us with your contact details (email address and telephone number) so that we can correctly assign the offer to your account.

4.2.8 Newsletter/ Push messages/ SMS

In addition, we collect information about your user behaviour in relation to the newsletter and other information that we send you as push messages or SMS, store and if possible, assign it to you or your e-mail address or customer number. In relation to this we collect information about  time of opening the message, the links or areas clicked by you, selected products, time, duration  and frequency of use.

4.3    Data Analysis

The data described in 0 is brought together in our database. We evaluate the data with the aim of finding such information about your interests, so that we will only send or show you information relevant to you. To determine possible product interests, we also use mathematical statistical methods. For this your personal data is compared with the data from other customers. Using this comparison, we can deduce what further products and specials, which had been of interest to customers with similar interests, may also be of interest to you. However, Lidl does not take legal responsibility that the data processing will always work in exactly the described way and you only receive offers that interest you. Furthermore, when using the app we create user segmentation profiles for purposes of statistical analysis and assign these, if possible, to your person.

Not included in the evaluation are special categories of personal data in the sense of article 9 Par. 1 of the GDPR.

5. General Conditions for Using the Service

To use the Lidl Plus service, a valid mobile number and e-mail address is required.

To also use the Lidl Plus app, the participant must download the software from an app store. Specific software versions are available for different types of mobile phones. For technical reasons it may not be possible to offer a suitable software for some types of devices. If no suitable software is available for the mobile phone of the participant, this participant cannot use the services on the relevant device. However, Lidl Stiftung will make an effort to offer the software for as many different mobile models as possible. Due to the continuously changing product offering on the mobile end devices market, Lidl Stiftung cannot offer a current list of all mobile phones that are suitable for using the services.

Software installation and using of the services presupposes regular data transfer from the participant’s mobile phone. Volume and frequency of data transfer depend on the type and scale of service use. The connection costs for the data transfer are borne by the participant. The volume depends on the contract the participant has with his/her relevant mobile provider.

The cost to set up an internet connection and its maintenance on user side is not part of the Lidl Stiftung service. It is sole responsibility of the contractual arrangement between the participant and his/her internet provider.

The use of the Lidl Plus service also presupposes sufficient battery and screen brightness to scan the QR code during the check-out process.
The participant has the obligation to install the updates offered by Lidl. They will be informed about this while using the software. The use of the Lidl Plus service on manipulated end devices (e.g. through jailbreaking/rooting) is not permitted.

6. Your Obligations

You must

•    provide correct details at registration and update your profile;
•    keep your password secret and change in case of misuse or suspected misuse and
•    use the service in correspondence with applicable legal regulations

7. Liability

We are liable for intent and gross negligence. We shall not be liable for simple negligence, except in the case of injury to life, limb or health, if

-    the app does not work or only works in a limited way
-    no or only a limited WLAN connection is available
-    the scanning device at the checkout does not function properly
-    the offers are not available
The liability according to the product liability law remains unaffected.

8. Termination, Deletion

The participant has the right to end participation at any time without giving reasons by pressing the function “Delete account”. A termination from the side of Lidl Stiftung is also possible at any time with prior notice of 10 days without giving reasons. The right of the parties to extraordinary termination for important reasons remains untouched.

9. Final Provisions

If any term of these Lidl Plus Terms is found to be unenforceable, this will not affect the validity of the other terms.

These terms are governed by law of Cyprus and any disputes or court proceedings arising from them are subject to the exclusive jurisdiction of the Courts of Cyprus.

The European Commission provides an Online Dispute Resolution Portal under https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. However, we are not obliged and not willing to participate in the dispute resolution proceedings before a consumer arbitration board

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