Introduction

The present document sets out the contractual conditions for accessing to the services offered by the MyLugano App (hereinafter, the “General Terms and conditions”), an initiative promoted by the Municipality of Lugano (hereinafter, the “Municipality”) pursuant to the City Development Guidelines 2018-2028; it applies to all the users of the MyLugano App (hereinafter, the “Users”).

L’App MyLugano è un’applicazione digitale, sviluppata, offerta e gestita dal Comune, accessibile come applicazione web e disponibile gratuitamente presso gli online store (Google Play e App Store) (“MyLugano App”), e fa parte del piano di progressiva digitalizzazione dei servizi all’utenza e dei rapporti con il cittadino e di promozione dell’alfabetizzazione digitale nel rispetto del principio di non discriminazione degli utenti privi di accesso alla tecnologia.

The MyLugano App is a digital application, developed, offered and managed by the Municipality, accessible as a web application and available free of charge at the online stores (Google Play and App Store) (“MyLugano App“). The MyLugano App is part of the Municipality’s plan to gradually digitize user services and citizen relations and promote digital literacy while respecting the principle of non-discrimination of users lacking access to technology.

The Municipality is a pioneer in the adoption of the blockchain technology, first and foremost with the LVGA Points city payment token (“LVGA Points”) and the loyalty circuit MyLugano (“Loyalty Circuit”) designed to support local spending and local small and medium enterprises (shops, restaurants, service providers, etc..); followed by the launch of the city blockchain 3AChain, available to local partners and companies (“3AChain”) and more recently by the addition of new features that enable the autonomous management of digital assets via the MyLugano App.

The conditions for joining the Circuit for commercial users, i.e., suppliers of local goods and services, are specified in a separate contract. To obtain information on this, please write to the following e-mail address my@lugano.ch or call the following number +41 (0)58 866 6065/75.

Finally, this document includes the policy regarding the protection of personal data and the management of cookies within the Circuit (see section “PROTECTION OF PERSONAL DATA AND COOKIES”).

GENERAL TERMS AND CONDITIONS
Acceptance and modification of these general conditions

By using the App MyLugano, the User agrees to be bound by the terms and conditions set out in this document in the version in force at the time of each use. It is the User’s responsibility to carefully check the status of the applicable terms and conditions before using the App MyLugano, being reserved the right of the Municipality to modify such terms and conditions at any time and with immediate effect by publishing the updated documentation online.

Eligibility and prohibited jurisdictions

By accessing the MyLugano App, the User represents and warrants to:

– have the right, authority and legal capacity to accept these General Terms and conditions;

– not use the MyLugano App if the laws of the User’s country of residence and/or citizenship prohibit from doing so in accordance with these General Terms and conditions;

– not be subject to personal sanctions issued by the United Nations, United States of America, European Union or Switzerland;

– to access or use the MyLugano App for personal use only; and

– not to access the MyLugano App from any of the countries embargoed or restricted by the State Secretariat for Economic Affairs (SECO), including, but not limited to: Belarus, Burundi, Central African Republic, Congo, North Korea, Guinea, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Republic of South Sudan, Russia, Somalia, Sudan, Syria, Ukraine, Venezuela, Yemen, or Zimbabwe.

App MyLugano Manager; Contacts

The Loyalty Circuit is managed by the City of Lugano (CH).

Contacts:

• Lugano City Hall, Economic Development Division, Piazza della Riforma 1, 6900 Lugano
• T. +41 (0)58 866 6065-75
• e-mail: my@lugano.ch

All communications must be in writing and will be considered validly and effectively executed upon receipt of the same, if made by ordinary mail, respectively at the time of sending confirmation of reading, if made by e-mail.

Registration

Users can access the services and features offered by the MyLugano App through registration. After successful registration, Users receive access to their user account (“User Account“).

There are two levels of registration that differ in the extent of User profile verification: registration of the User with “basic” profile (“Basic Profile“) and registration of the User with “verified” profile (“Verified Profile“). These two levels of registration enable access to a different number of features and benefits.

1. Registration of the User with “Basic Profile”

Upon completion of User registration with Basic Profile, the Basic Profile User can access a digital wallet that allows for booking events, redeeming non-fungible tokens (“NFTs”) and using LVGA Points.

The following information is required for registration of the User with Basic Profile: first name, last name, email, phone number and date of birth.

The User with Basic Profile also receives free of charge a “MyLugano Pass” which allows holders to receive a “cashback” for each purchase over CHF 5.00 made within the Loyalty Circuit (“Cashback”). Unless otherwise specified in the context of a specific promotion, the amount of Cashback for holders of the MyLugano Pass corresponds to 5% (five percent) of the value of the purchase.

Basic Profile Users can accumulate a maximum of 100,000 LVGA Points (CHF 1,000.00). Once this threshold is reached, the Basic Profile User cannot accumulate additional LVGA Points and is temporarily excluded from the Cashback program and does not receive new LVGA Points in the event of further purchases within the Loyalty Circuit.

A monthly cap on incoming and outgoing movements (cumulatively) of 20,000 LVGA Points (CHF 200.00) also applies. Once this threshold is reached, the Basic Profile User cannot conduct further LVGA Points transactions.

Users with a Basic Profile cannot send or receive LVGA Points to / from other Users.

Users with Basic Profile can purchase LVGA Points via the MyLugano App for a maximum amount of 25,000 LVGA Points (CHF 250.00).

Additional information regarding the “MyLugano Pass” can be found at https://my.lugano.ch/#

At any time, MyLugano Pass holders can complete the identity verification process via the MyLugano App by registering as a Verified Profile User (“Verified Profile”) and thus obtain the MyLugano Card free of charge and access to additional features and benefits.

1. Registration of the User with “Verified Profile”

Upon completion of the registration of the User with Verified Profile, the Verified Profile User can access a digital wallet that allows for booking events, redeeming non-fungible tokens (“NFTs”) and using LVGA Points.

The following information is required for registration of the User with Verified Profile: first name, last name, email, phone number, address, date of birth, photograph/selfie, and photograph of a valid identity document (passport, ID card, Swiss driver’s license or foreigner’s permits) (front back).

The Verified Profile User also receives a “MyLugano Card” free of charge, which allows holders to receive a “cashback” for each purchase over CHF 5.00 made within the Loyalty Circuit (“Cashback”). Unless otherwise specified in the context of a specific promotion, the amount of Cashback for holders of the “MyLugano Card” corresponds to 10% (ten percent) of the value of the purchase.

Verified Profile Users can accumulate a maximum of 100,000 LVGA Points (CHF 1,000.00). Once this threshold is reached, the Verified Profile User cannot accumulate additional LVGA Points and is temporarily excluded from the Cashback program and does not receive new LVGA Points in the event of further purchases within the Circuit.

A monthly cap on incoming and outgoing movements (cumulatively) of 500,000 LVGA Points (CHF 5,000.00) also applies. Once this threshold is reached, the Verified Profile User cannot conduct further LVGA Points transactions.

The transfer of LVGA points between Users with a Verified Profile is subject to a monthly cap of 40,000 LVGA Points (CHF 400.00).

Users with Verified Profile can purchase LVGA Points via the MyLugano App for a maximum amount of 25,000 LVGA Points (CHF 250.00).

Additional information regarding the “MyLugano Card” can be found at https://my.lugano.ch/#

III.         MyLugano Card (analog)

It is also possible to participate in the Loyalty Circuit by means of an analog MyLugano Card. An analog MyLugano Card can be obtained at the City welcome and information desks at a cost of CHF 5.00 and by providing the information necessary for User Registration with Verified Profile. The analog MyLugano Card is issued with an initial amount equivalent to its cost, namely 500 LVGA Points (CHF 5.00).

The analog MyLugano Card allows holders to receive a Cashback for each purchase over CHF 5.00 made within the Loyalty Circuit. Unless otherwise specified within a specific promotion, the amount of Cashback corresponds to 10% (ten percent) of the value of the purchase.

Holders of the analog MyLugano Card can accumulate a maximum of 100,000 LVGA Points (CHF 1,000.00). Once this threshold is reached, holders of the analog MyLugano Card cannot accumulate additional LVGA Points and are temporarily excluded from the Cashback program and do not receive new LVGA Points in the event of further purchases within the Loyalty Circuit.

A monthly cap on incoming and outgoing movements (cumulatively) of 500,000 LVGA Points (CHF 5,000.00) also applies. Once this threshold is reached, holders of the analog MyLugano Card cannot conduct further LVGA Points transactions.

1. Vouchers

The Municipality can issue nominative vouchers in the name of the User containing predetermined packages of LVGA Points that can be spent within the Loyalty Circuit.

Replacement and reimbursement of the nominative vouchers is excluded, particularly in the event of loss, theft, damage, tampering and/or incorrect use of the nominative vouchers. The vouchers must be stored carefully and protected from external factors that could damage them.

1. Common limitations and restrictions

MyLugano App User registration with Basic and Verified Profile, as well as the analog version of the MyLugano Card, are available to all persons 14 years of age and older. For underage Users, the consent of the legal representative to activate the service is reserved. Such consent is deemed implicit, so it is the responsibility of the minor to have obtained it.

The validity of Basic Profiles is unlimited. The validity of Verified Profiles, as well as of the analog MyLugano Card, corresponds to the expiration date of the ID provided for identification. Renewal of the Verified Profile can be done directly in the App; whereas for the analog MyLugano Card holders have to visit the City welcome and information desks.

The maximum amount of Cashback issued for each individual transaction is 50’000 LVGA Points (CHF 500.00). It is recognized in the form of spendable LVGA Points within the Circuit (1 LVGA Point = CHF 0.01). The Cashback is paid directly to the wallet of the User in LVGA Points or to the holders of the analog MyLugano Card from the wallet of the commercial users who participate in the Loyalty Circuit.

Any additional discounts are handled at the full discretion of the Loyalty Circuit commercial partner before the Cashback is applied. In case of special promotions offered by the commercial partner, the Cashback does not apply cumulatively.

MyLugano Card and Pass holders, as well as holders of the analog MyLugano Card can pay in LVGA Points for any purchase of product or service within the Loyalty Circuit. If goods are returned, the User must return the Cashback without delay to the merchant who dispensed it according to instructions given by the same.

The City may (without being obligated to do so) grant additional benefits through discounts or free LVGA Points.

Please note: LVGA Points received or purchased do not give any right to conversion and/or redemption in Swiss legal tender or any other currency by the issuer or third parties. LVGA Points do not confer any right, except to be used as a means of payment towards suppliers of goods and/or services that decide to join the Loyalty Circuit in relation to goods and/or services determined by the individual supplier and limited to the period of membership of the supplier. If the MyLugano network is closed, LVGA Points will automatically expire without the right to conversion and/or refund.

1. Summary table of benefits and limitations regarding LVGA Points

VII. Booking and purchasing admissions to events, experiences, and sports facilities

Through the MyLugano App, Users may reserve and/or purchase admission tickets to facilities and events (hereinafter, “Events”), the User fully accepts these General Terms and Conditions.

By reserving or purchasing one or more tickets for an Event (and any related products and/or services) via the MyLugano App, a contract between the provider of the Event, respectively of the related product and/or service, and the User is deemed to be concluded under these General Terms and Conditions.

Any special contractual terms and conditions applicable to individual Events are reserved and are set out, in a manner binding on the User, in the corresponding event description sheets. Such terms and conditions are deemed to be incorporated herein in their entirety.

The identity of the supplier of the product and/or service purchased by the User, as the User’s contractual partner in relation to the purchased service, is indicated in the event description sheet.

Unless otherwise indicated, the City of Lugano only operates the MyLugano App and therefore assumes no responsibility for the proper fulfillment of the contract between the User and the provider of the Event, respectively the related product and/or service.

The conclusion of the contract intervenes with the finalization of the corresponding online transaction. The transaction (including free reservations) is confirmed immediately by e-mail on the basis of the data provided by the User. In case of non-receipt of the order confirmation, please contact customer service at no. +41 58 866 68 91 (daily from 08.00 to 19.30).

The order confirmation printed or available on the User’s electronic device is the only proof of entitlement to the services acquired by the User. The User is solely responsible for keeping the order confirmation. Replacement of lost order confirmations is excluded.

The order confirmation contains the main data related to the transaction. Only the person(s) (in the case of a multiple transaction) whose name is listed on the order confirmation will have access to the Event. The right of access is not transferable. For each order, the User receives only one access right (even if it relates to multiple persons), so all persons concerned must have access at the same time.

If the User makes a transaction for more than one person, the User shall notify those persons without delay of the terms and conditions for participating in the event. The User assumes full responsibility in accordance with Article 111 of the Code of Obligations (hereinafter, “CO”) for the behavior of such persons in accordance with the contract and applicable law.

The User agrees to report complete, current and correct data during the online reservation process, under penalty of invalidation of the transaction and exclusion, at any time, from the event. Refunds and any form of compensation are excluded.

Reproduction, disclosure and/or assignment of order confirmations (or rights related thereto) is excluded. The manager of the Event may deny access to the facilities if he/she finds that prints, reproductions, copies or imitations of order confirmations are present. Nevertheless, the manager of the Event is not obliged to verify that the person who shows up at its facilities with the order confirmation is the actual holder, respectively to check the authenticity of the document exhibited.

In case of failure to access the facilities of the City of Lugano, for any cause or reason, including failure to access on time, entitlements to the benefit automatically lapse. Entitlement to any replacement benefits and/or reimbursement is excluded.

Prices are quoted in CHF on the online purchase and payment portal. Prices include VAT less fees charged for the use of credit cards for payment, which are borne by the City of Lugano.

Tickets are strictly personal and are not transferable, refundable, exchangeable or permutable. If the event is postponed, the User will only be entitled to a replacement ticket for the new date. In case of permanent cancellation, only to a refund of the ticket cost.

By completing the transaction through the MyLugano App, the User acknowledges that he/she is aware of and accepts the provisions related to the Events regarding security, access and any other applicable provisions and acknowledges that in case of violation of such provisions, he/she loses all right to stay and/or access to the Event without any right to be refunded or compensated.

In the case of a multiple order receipt, i.e., involving multiple persons, the holder of the order receipt must be able to trace and contact all persons belonging to the collective transaction in a timely manner (via telephone or e-mail).

Each participant must be able to identify himself/herself by means of a valid identification document at any time, under penalty of exclusion from the event.

The Municipality and/or the provider of the products and/or services purchased by the User through the MyLugano App shall not be liable for any interruption, suspension, cancellation, modification, delay (and the like) attributable to events and conduct outside its sphere of control or influence or attributable to auxiliaries. Liability shall in any case be limited, within the limits permitted by mandatory law, to direct damages, as well as to intent or gross negligence. Liability for slight negligence and for indirect or consequential damages is expressly excluded. Consequential damages include, in particular, lost profits, damage to reputation and loss of data caused by a temporary limitation or interruption in the availability of services, as well as caused by interruptions in distribution channels, transmission errors, unsuccessful delivery of reservations or purchases, errors in the indication of prices or services offered, and errors in booking confirmations.

The risks arising from the unauthorised use and/or loss of the order confirmation relating to Events purchased or reserved via the MyLugano App are the sole responsibility of the holder of the confirmation.

The Municipality declines all responsibility in case of loss, anomalies or technical failures which make it impossible to use the services offered through the MyLugano App, without any right to compensation or reimbursement on the part of the User.

In any case, within the limits allowed by mandatory law, the responsibility for any title or circumstance of the Municipality and/or the supplier of the products and services purchased or reserved by the User through the MyLugano App will be forfeited with the reimbursement or replacement of the service purchased.

VIII. Virtual Assistant MyLgano

The MyLugano Virtual Assistant (“Virtual Assistant”) available within the MyLugano App allows Users to simplify their experience with the MyLugano App by answering questions, making suggestions, and guiding Users through the various features of the MyLugano App.

In using the Virtual Assistant, Users are made aware of the following:

• The output may not always be accurate and should not be relied upon as the sole source of truth or factual information, nor as a substitute for professional advice.
• Evaluate the output for accuracy and appropriateness for your specific use case, including human review, before using or sharing Virtual Assistant output.
• Do not use any output related to a person for purposes that may have a legal or material impact on that person, such as education, employment, housing, financial, insurance, legal, medical, or other important decisions.
• The Virtual Assistant is offered in its Beta version (preliminary, testing phase), and in any case, may provide incomplete, incorrect, or offensive output that does not represent the views of the City of Lugano. The mention of third-party products or services in the output does not imply that these third parties endorse or are affiliated with the City of Lugano.

1. Assets Section within the MyLugano App

Through the Assets Section, the User accesses a personal custody wallet in which digital assets, such as cryptocurrencies and NFTs, can be managed independently on different blockchains, completely outside the ecosystem promoted by the Municipality.

The management of digital assets represents an advanced way of using the MyLugano App and is designed only for Users who are already familiar with how a digital wallet works. Digital assets management involves certain risks and must therefore be approached carefully and with sufficient preparation.

The Municipality has no control over or assumes any responsibility for the loss of assets (e.g. as a result of the loss of the private cryptographic keys required to access the User Wallet or the funds stored therein), fluctuations in value, or the charging of fees related to any transaction in the “assets section.”

General rules of conduct and responsibility

Responsibility and safety

The User undertakes to diligently protect and keep confidential all security elements relating to their programs (App, wallet and similar) and mobile devices used to access the App and operate such program as well as within the framework of the Loyalty Circuit (in particular, username, password and temporary codes, correspondence with the Municipality).

Passwords must meet the following security requirements: minimum 8 characters, maximum 32 characters, at least one capital letter. It is the User’s responsibility, for security purposes, to change the access passwords himself on a regular basis (recommended frequency: every three months). The application also provides the possibility of activating biometric recognition (face or fingerprint identification – depending on the device used – combined with a 4-digit pin code). By activating this option, the User is aware of the risks involved in using this simplified method.

The User acknowledges and accepts that, towards the Municipality and any third party, any activity carried out using his credentials will be attributable to the User himself. The User fully assumes all contractual obligations, as well as expenses or damages that may arise from the misuse of such data (including the theft of “LVGA Points” by unauthorized Users), holding harmless the City from any liability and / or prejudice.

The Municipality is expressly released from any liability and/or general obligation to monitor the activities of Users. For the sake of clarity, this exemption does not mean that the obligations to monitor transactions for the purposes of the Money Laundering Act (MLA) have been waived.

The Municipality takes all reasonable and appropriate measures according to the circumstances and technological evolution to guarantee the integrity, availability and confidentiality of the information accessed or received by the Users. On the other hand, communication between the User and the Municipality via the Internet (as an open public network) is under the sole responsibility of the User, who declares himself to be fully aware of the risks involved in such transmission. The Municipality does not assume any responsibility for any violation, direct or indirect, inherent to the confidentiality and/or integrity of the information that takes place outside of its computer network.

The User also acknowledges that the Municipality does not guarantee the continuous and uninterrupted availability of the App, including the Loyalty Circuit, nor the presence of a minimum number of suppliers of goods and/or services. Access may be suspended at any time and without prior notice, in particular but not exclusively due to technical failures, maintenance operations (ordinary and/or extraordinary) or in cases of force majeure (e.g., blackouts, strikes, natural disasters, etc.). In this regard, the User renounces in advance and unconditionally any and all claims based on the lack or deficiency of availability of the App, including the Loyalty Circuit, in particular for compensation.

Exemption from liability for goods and/or services provided by suppliers of goods and services participating in the Loyalty Circuit

It should be noted that the Municipality merely offers the User the opportunity to accumulate LVGA Points that can be spent within a network of independent merchants. As these are goods and services provided by third parties according to separate agreements, the Municipality is not liable for the quality, completeness and promptness of the contractual service provided to the User by the third-party supplier.

General waiver of liability in favour of the Municipality of Lugano

Neither the City of Lugano nor any other member of the Circuit shall be liable for any injury, loss of income, direct or indirect, consequential, punitive or incidental damages, including loss and/or theft of tokens/LVGA, loss of data, damage to reputation, person or property related to or arising from the digital services connected to the LVGA Circuit.

The City of Lugano provides the digital services linked to the LVGA Circuit as is and without warranty. The City does not warrant or represent that the services (including the App and the digital wallet contained therein) are accurate, reliable, uninterrupted or error-free, that defects will be corrected or that the digital services are free of viruses or other harmful components. You assume full responsibility for your use of the services.

The City and all other members of the Circuit assume no liability for any loss or damage (including loss and/or theft of tokens/LVGA) arising from or related to the Third-Party Services.

Events beyond the sphere of control. The Municipality and the other members of the Circuit accept no responsibility for any event beyond the reasonable control of the Municipality.

General rules of conduct

The User undertakes to use the Loyalty Circuit (and its associated resources: email, telephone, web pages, social profiles, etc.) correctly and with respect for the rights of third parties.

In particular, the User undertakes to:

• hold and use LVGA Points in their own name and on their own account;
• not transmit content that is unlawful, harassing, offensive, discriminatory, threatening, harmful, vulgar or otherwise inappropriate;
• not use the Loyalty Circuit (and related resources) and the information contained therein to engage in any unlawful, fraudulent or infringing acts, including copyright and personality rights;
• communicate personal data only with the prior and informed consent of the persons concerned;
• communicate updated and truthful data and information;
• ensure that the computer devices used are protected (e.g., by antivirus software and firewalls) and free of malicious elements (such as malware, viruses, Trojan horses, etc.);
• not interfere or attempt to interfere with the activity of the Loyalty Circuit or hinder the usability of the services by Users.

Payment methods and security through the App

Online payments in connection with the provision of services (in particular the purchase of LVGA Points by holders of the digital wallet) are made via third-party e-payment platforms. Payment can be made using PostFinance, TWINT and credit cards (MasterCard and Visa), but the payment methods can be changed at any time. The Municipality assumes no liability in this regard, as this is a separate platform operated by a third party. The conditions of use and data protection policy can be viewed on the website of the service provider.

Creating, modifying or deleting a service

The Municipality reserves the right to activate, modify, suspend or cancel services and functions of the Loyalty Circuit at any time and without prior notice.

Account deletion by the User

You may cancel your account at any time. This will result in the immediate blocking of access to the Loyalty Circuit and the permanent loss of all accumulated LVGA Points. The cancellation does not prevent the user from registering again.

Suspension or deactivation of the account by the Municipality

The City shall provide for the suspension or deactivation of an account, specifically, in the following instances:
a) Breach of rules of conduct and safety;
b) Breach of these general conditions;
c) Violation of applicable Swiss or foreign regulations;
d) At the written request of the authorities.
The City reserves the right to suspend the account for purely precautionary purposes in the presence of simple reports and / or indications of violations throughout the verification process of the same.
In cases where the suspension or lockout relates to schedulable time events, the City shall provide advance notice to the User specifying the cause and date of account suspension or revocation.
In case of suspension or deactivation of the account, the Municipality does not assume any responsibility, with consequent waiver by the User of any claim for any reason or circumstance.

DATA PROTECTION AND COOKIES
Reference regulatory framework

In the context of the management of the Loyalty Circuit, the Municipality, as a public body under Swiss law, carries out an activity of an economic nature that does not derive from a sovereign power. In view of this, the processing of Users’ personal data is in principle governed by the Federal Data Protection Act (DPA, RS 235.1).

General reference to the Municipality’s policies in relation to the MyLugano platform

As regards the processing of personal data (including cookies) carried out by the Municipality within the web platform, consisting of the Web APP available at the address my.lugano.ch (hereinafter referred to as the “Website”) and the Mobile APP “MyLugano” (hereinafter referred to as the “App”), which is available free of charge and without registration at online stores, please refer to the general document entitled “Privacy Policy and Cookie Policy – Information on the processing of personal data” published at the bottom of each page of the Website (my.lugano.ch). With specific regard to the “MyLugano” App, before installation, the User will be presented for approval with a special information notice on the processing of personal data, the text of which is accessible at the link my.lugano.ch, which is understood to be reproduced and integrated herein in its entirety.

With specific regard to the “MyLugano” App, before installation, the User will be presented for approval with a special information notice on the processing of personal data, the text of which is accessible at the link my.lugano.ch, which is understood to be reproduced and integrated herein in its entirety.

Additional information in the context of the MyLugano analog loyalty circuit

Given that the processing of personal data within the framework of the digital MyLugano Card and the digital MyLuganoPass is carried out through the “MyLugano” App, for which in this context we have referred to the information concerning the App (see previous paragraphs), the processing of personal data carried out within the framework of the analog version of the MyLugano Card requires additional information, it being understood that for the rest we refer to the general policy concerning the “MyLugano” website.

Common provisions within the framework of the analog MyLugano loyalty circuit
Owner of the treatment and communications

Municipality of Lugano (CH), Divisione Sviluppo economico, Piazza della Riforma 1, 6900 Lugano; Tel +41 (0)58 866 6065/75 (Mon – Fri: 08:00 – 12:00 / 13:00 – 17:00); email: my@lugano.ch

Status of information on the processing of personal data

The User must carefully check the status of the legal notices (including this document with references) before availing himself of the prerogatives offered by the analog Loyalty Circuit, as they may be subject to change at any time and the User may renounce the use of the scheme if he does not subscribe.

Municipal Data Protection Officer

Any communication relating to the protection of personal data may be sent to the Municipal Data Protection Commissioner at the following address: Data Protection Officer of the City of Lugano c/o Divisione Affari Giuridici, via della Posta 8, 6900 Lugano. Any communication relating to the protection of personal data may also be sent to the following e-mail address: privacy@lugano.ch.

Main purposes of personal data processing

The data is processed to the extent strictly necessary to ensure the management and operation of the analog loyalty scheme, to activate your account, to identify you (for the purposes of combating money laundering where required by applicable law), to provide the services you have requested (in particular, to account for and accumulate LVGA), and to communicate with you in order to support you in the proper use of the benefits offered by the Loyalty Circuit.

Aggregated or anonymized forms of User data processing are reserved for statistical purposes, for the evaluation of the quality of services and for the optimization of technical functionalities and the usability of systems, based on the preponderant private interest of the Municipality.

Treatment based on law, in particular in the administrative, fiscal and accounting fields, is also reserved.

At the User’s request (and until consent is revoked, exercisable through the link at the bottom of each communication), the same can subscribe to the MyLugano newsletter with the promotions offered to Users and/or to the general newsletter on events organized by the Events and Congresses Division of the Municipality of Lugano. The Newsletter does not pursue the purpose of tracking or analysis of User behavior. It does not detect the opening or not of the e-mail and/or the activation of the links contained within it.

User Consent

By adhering to the MyLugano loyalty scheme, the User authorises (where necessary) the processing of personal data by the Municipality in accordance with applicable law and according to the purposes and methods indicated or presupposed by the present document (including references). Where required by law, the Municipality will request express consent from the User via electronic channels (online or by e-mail).

Conservation policy

The Municipality will keep personal data for as long as it is necessary to keep them in consideration of the purpose for which the data were collected, or insofar as there is a legal obligation to keep them or another justifying reason recognised by law. Once the retention period has expired, the Municipality will proceed with the definitive and secure deletion of the data or, alternatively, with their anonymisation.

Detailed information on the personal data retention policy within a specific processing operation can be requested from the Information Technology Division by means of a written request sent to privacy@lugano.ch.

Own processing activities; location of data

The Municipality is responsible for the provision and management of the Loyalty Circuit in the context of the analog version of the MyLugano Card, as well as the issuing of nominative vouchers.

All personal data is physically located in Switzerland and is not transferred abroad.

Monitoring and User profiling activities

The Municipality does not carry out any activity to monitor User behaviour or User profiling, nor does it carry out any personal data processing activities that go beyond what is strictly required by the provision of the Loyalty Circuit and by the anti-money laundering regulations in force.

Disclosure of data to third parties; automated decisions

Under no circumstances will personal data be disclosed to third parties, subject to legal obligations. The disclosure of data based on the Anti-Money Laundering Act (AMLA) and/or on the application rules of the relevant self-regulatory body is excluded.

The Loyalty Circuit does not incorporate automated decision-making systems that could materially affect the factual or legal position of the User.

Exemption from liability for data processing carried out by third parties (including suppliers of goods and services)

The Municipality has no control over, and assumes no responsibility for, any processing of personal data carried out by suppliers of goods and/or services who participate as merchants in the Loyalty Circuit in relation to individual transactions concluded by the User.

It is recommended that the User ask the supplier for a copy of the information on the processing of personal data before purchasing goods and/or services.

Specific provisions within the individual program of the MyLugano analog Loyalty Circuit

MyLugano Card analog programme (card)

Personal data collected: name, surname, date of birth, address, e-mail address, photograph/selfie, and photograph of a valid identity document.

Retention period: until membership ends or expires without renewal of the card (whichever comes first), subject to statutory retention obligations (in principle: 10 years)

Applicable law – User rights

In the context of economic activities that do not derive from a sovereign power, for example in the case of the provision of goods and/or services in competition with the private sector, the processing of personal data is governed by the Federal Data Protection Act (FADP). The User’s rights are specified in Articles 5, 8, 12, 15, 34 and 35 of the FADP which reference should be made.

The User has the right to be informed of all circumstances relating to the processing of his or her data, to revoke consent given, and to have inaccurate or outdated data corrected.

The User who intends to exercise his/her rights must do so in writing by means of a motivated request by ordinary mail or e-mail, attaching the necessary supporting documents, as well as proof of his/her identity. The Municipality will follow up on the request without delay but, in any case, except in exceptional circumstances, within 30 days of receiving it complete with all the necessary elements for judgement.

FINAL COMMON PROVISIONS

Protection of Confidentiality

The parties shall treat as confidential all facts and information that are not known or generally accessible or for which, by their nature, a bona fide interest in secrecy exists. In cases of doubt, facts and information must be treated confidentially. The obligation of secrecy already exists prior to the approval of the General Terms and Conditions and continues after the end of the contractual relationship between the parties. The Parties agree that, unless obligated by law, they will not make the other party’s confidential information available to third parties in any form and will not use the other party’s confidential information for purposes other than those related to these General Terms and Conditions.

Entire Agreement

These General Terms and Conditions constitute the entire agreement between the Municipality and the User with respect to the subject matter hereof and supersede any and all prior or contemporaneous written or oral communications, proposals, warranties or representations in connection with the User’s use of the MyLugano App or access to the Loyalty Circuit. There are no agreements, representations, warranties, promises, covenants, or commitments other than those expressly set forth herein.

Amendments to the General Terms and Conditions, contradictions, and partial nullity

Amendments and additions relating to the General Terms and Conditions and their termination require written form. If individual provisions of the General Terms and Conditions are found to be invalid or contrary to law, the validity of this document shall not be affected. In this case, the relevant provision must be replaced with an effective provision that is as economically equivalent as possible. The same applies in case of gaps in the General Terms and Conditions.

Applicable law and place of jurisdiction

The legal relationship between the User and the Municipality of Lugano with reference to the access to and use of the MyLugano App (and related resources), as well as the legal relationship with the suppliers of the products and services (where a third party is involved) provided to the User, is governed by Swiss substantive law, as well as cantonal law where applicable, excluding the rules of private international law. The exclusive place of jurisdiction is Lugano.