Terms of Use

Terms of Use – Dailies Total1 Loyalty App

About the App

Alcon Laboratories (South Africa) (Pty) Ltd (“Alcon”) has developed the following application (“App”), which is a loyalty program whereby a customer can earn points when purchasing a 30 or 90 pack of Dailies Total1 spherical contact lenses (“Product”). (This excludes the Dailies Total 1 Multifocal contact lenses)

The App may be used by any person (16 years of age or older, if a person is under the age of 18, parental consent is required) who, after having received a prescription, purchases the Product (collectively the “Authorised Users”). Once the Product has been purchased, the Authorised User may download the App and then scan the Product’s QR code provided by the optometrist and upload an image of their receipt/invoice (“Upload”).

One point will be earned for every new Upload. The Authorised User will be eligible to redeem a voucher instantly once six points have been collected. The voucher will be from Take Alot, worth R200, and may be redeemed at www.takealot.com.

Purpose of the App

Authorised Users may only access and use the App for lawful purposes. Any unauthorised and/or illegal use of the App is prohibited and may result in legal action being taken by Alcon against such an Authorised User.

Installation of the App

The Authorised User shall be solely responsible for ensuring the compatibility of the App on his/her device(s) and for ensuring that the installation of the App does not cause any damage to his/her device(s), or any associated infrastructure (including running virus programs).

No representations and warranties

The App and its content are provided to you on an “as is” and “as available” basis and free of charge. Alcon disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Alcon does not represent or guarantee and expressly disclaims any liability as to the accuracy, completeness, truthfulness or reliability of the App and/or its content. Alcon also makes no representations or warranties that use of the App will be uninterrupted, secure or error-free. The Authorised User agrees to use the App at his/her own risk.

Limitation of liability

In no event shall Alcon, its lawful agents, employees and representatives, be liable for any damages of whatsoever nature, whether for bodily, moral or material injury (including, without limitation any indirect, special, incidental or consequential damages, loss of profits, expenses, costs, damage resulting from lost data or business interruption) resulting from the use of, or inability to use, the App, and whether or not Alcon, its lawful agents, employees and representatives is advised of the possibility of such damages.

Intellectual Property rights

Alcon owns all right, title and interest in and to the App, including the design, documentation and other features and parts related thereto, and all copyrights, patents, trade secrets, trademarks, models, know-how, inventions and any other type of intellectual property (whether registered or unregistered) related to the App. The Authorised User shall not create derivative works from, integrate with any other computer systems or reverse engineer, decompile or disassemble the App or any components thereof. For the avoidance of doubt, the Authorised User shall not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any content of the App, in any way.

Alcon hereby grants the Authorised User a non-exclusive, non-assignable and non-transferable license to use the App. Alcon retains the right to revoke such license for any reason, at any time, and without notice, in which case the Authorised User shall immediately cease to use the App.

General

These terms of use shall remain binding on the Authorised User for so long as he/she has access to the App, and by any means whatsoever. Upon installation or downloading of the App, the Authorised User will be required to accept these terms of use.

Personal Data

When downloading this App, the Authorised User will be requested to provide certain information as part of a registration process in order to use the App, including the Authorised User’s name, surname and email address (“Data”). The Authorised User warrants that all Data supplied is accurate and further warrants his/her identity.

All Authorised Users who have registered on the App, shall be solely responsible for the security and confidentiality of their access details (including their username and password). An Authorised User agrees not to disclose his/her access details to a third party for any reason whatsoever.

The Data collected will be used for the following purposes: to record the number of Product purchases made by the Authorised User in order to allocate the loyalty points to the Authorised User.

This will enable Alcon (and third parties who are directly involved with its operations in relation to the App and/or the technical administration and maintenance of any database associated with or related to this App, including Left/Right Advertising CC) (collectively “Administrator”) to electronically store, process and retain your Data. Data collected and stored will be encrypted and stored on Microsoft Azure data centers in Cape Town and Johannesburg. No Data will leave South African borders.

The Authorised User hereby gives consent to the Administrator to collect, process and retain the Data submitted. The Authorised User acknowledges that the Administrator may retain the Data for such periods as may reasonably be required in order to achieve the purpose for which the Data was collected

The Administrator undertakes to implement sufficient technical security and organisational measures to protect the Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access.

Subject to applicable law, the Authorised User acknowledges that he/she has a right of access to and a right to rectify any Data which is held by the Administrator. The Authorised User may object to the processing and use of the Data for marketing and market research purposes at any time.

Where the Authorised User suspects any interference with the protection of the Data, he/she may submit a complaint to the Information Regulator established under the Protection of Personal Information Act 4 of 2013.

The Authorised User may revoke consent at any time, by deleting the App from his/her mobile device and/or tablet. Please note that by revoking such consent, he/she will no longer be able to use the App.

“Consent”, for purposes of this document means the Authorised User’s informed consent, in other words:

  • he/she has read and understood the contents of this document;
  • he/she understands and acknowledges the nature of the Data that will be made available to, and disclosed, used, processed and retained by the Administrator, as set out in this document;
  • he/she understands and acknowledges the purposes for which the Data will be made available to, and disclosed, used, processed and retained by the Administrator, as set out in this document;
  • he/she has the legal capacity to give such informed consent.

IMPORTANT NOTICE: The Administrator will take all reasonable steps to protect the Data and to maintain confidentiality. However, the Administrator cannot guarantee the security of any information that is transmitted online and the Authorised User does so at his/her own risk.