General Terms and Conditions for the use of the Tellja System

(last revised 04/2025)

1. 1. 1. Contractual subject matter

   Tellja GmbH, Solmsstr. 12, 60486 Frankfurt am Main, Germany (hereinafter: “Tellja”) operates a digital system on the Internet (hereinafter: “Tellja System“), via which Tellja enables and executes the submission of recommendations for advertisers’ products and services. Tellja deploys the Tellja System on websites of advertisers of which Tellja is a partner.

   The Tellja System is designed to acquire new customers for advertisers who purchase the advertiser’s products or services based on individual recommendations from a referrer. If a successful recommendation results in a new customer contract for the purchase of a product or service from the advertiser as described below, Tellja will pay to the referrer the previously determined referral reward for the successful recommendation.

   The Tellja Referrer GTC (also referred to as “Contractual Terms & Conditions”) govern the use of the Tellja System by referrers for Sunrise (hereinafter: “Advertiser”).

   The Tellja System is designed for online use, i.e. the recommendation process and the conclusion of the new customer contract resulting from a recommendation happen online. Tellja reserves the right to provide an offline recommendation option at its own discretion. An offline recommendation option enables (i) the referrer to make recommendations without generating a referral link and/or (ii) the conclusion of the new customer contract by the recommendation recipient without using the referral link.

   The use of the Tellja System is free of charge for the referrer, who only has to pay the charges incurred by their Internet access or service provider for establishing the Internet connection.

2. 2. Prerequisite for participation in the Tellja System

   Only natural persons who are of legal age, resident in Switzerland, and acting on a personal basis may be referrers. Use of the Tellja System for commercial or business purposes is not permitted. Commercial or business purposes are deemed to exist if recommendations are made in large quantities on a scheduled basis for the purpose of regular profit generation.

3. 3. Contracting parties, conclusion of contract, validity of the Contractual Terms & Conditions

   1. 3.1 The referrer’s contractual partner is exclusively Tellja, not the Advertiser. The referrer declares that they fulfill the requirements for participation in the Tellja System in accordance with the above clause 2 of these Contractual Terms & Conditions.

   2. 3.2 A contract on the use of the Tellja System between the referrer and Tellja shall come about when the referrer requests a referral link in the Tellja widget (action window or pop-up) contained on the Advertiser’s website (or in an app, if applicable) and Tellja displays this referral link in the Tellja widget.

   3. 3.3 The following applies where Tellja offers the option of also receiving a reward for recommendations that are not made via a referral link displayed by Tellja (offline recommendation option, variant (i)): if the referrer has made a recommendation without using a referral link and would like to receive a reward for this recommendation, they can conclude a contract with Tellja for the use of the Tellja System by registering as a referrer in Tellja’s referrer portal and accepting the Contractual Terms & Conditions. The special aspects described in these Contractual Terms & Conditions apply to the offline recommendation option.

   4. 3.4 These Contractual Terms & Conditions form an integral part of the contract between Tellja and the referrer.

4. 4. Registration of the referrer in the Tellja referrer portal

   1. 4.1 After the first referral link has been displayed, the Tellja referrer receives an email from Tellja with access information for the “Registered members” area of the Tellja referral portal on the Internet. Referrers can use the referrer portal to check, change, and delete their personal data, view statistics provided by Tellja, manage recommendations, and retrieve new referral links. The referrer must register in the referrer portal, providing the mandatory information required there (name, address, email address, domestic postal address for non-cash rewards, domestic bank details for cash rewards) so that Tellja can pay the rewards (see clause 13 below) in the event of a successful recommendation.

   2. 4.2 If a referrer has used an available offline recommendation option and is not yet registered as a referrer in the referrer portal, Tellja will send them an email with the access information so that the referrer can enter into the contract with Tellja and use the referrer portal as described above.

   3. 4.3 Each referrer may only register once in the referrer portal. The right of use is personal and non-transferable.

5. 5. Submitting referrals

   1. 5.1 The referrer can request a referral link from Tellja via the Tellja widget or after registering in the referrer portal. The referral link is generated by the Tellja System and displayed to the referrer directly in the Tellja widget or referrer portal. The referrer can use the referral link to make a recommendation to a person of legal age who is personally known to them to purchase specific products or services of the Advertiser that have been approved for recommendation. To do so, the referrer forwards the referral link to the recommendation recipient. The recommendation recipient can access the recommendation on a browser via the referral link. Unless otherwise stated on the Advertiser’s website, recommendations are valid for 30 calendar days after the referral link has been displayed by Tellja. If the recommendation recipient does not order the product or service eligible for a reward from the Advertiser within this period, the recommendation lapses.

   2. 5.2 The recommendation recipient must always be a different natural person of legal age. Self-recommendations are not permitted.

   3. 5.3 Before sending a recommendation by forwarding the referral link, the referrer is obliged to ensure that the addressee of the recommendation consents to receiving it electronically (e.g. by email or message via the respective social media service). The addressee’s express prior consent to the transmission of the recommendation via the communication channel chosen by the referrer is required. The referrer must be able to prove to Tellja on request that prior consent was granted. The referrer is prohibited from sending unsolicited advertising, in particular by means of electronic communication (“spam”), within the scope of this contract.

   4. 5.4 Before submitting a recommendation, the referrer is obliged to provide the recipient with the information necessary for the recipient to understand that they are receiving a recommendation for the purchase of a chargeable product or service and to be able to clearly identify the referrer as the person making the recommendation.

   5. 5.5 The recommendation available via the referral link contains the following content: (1) information about the recommended product or service, including a link to the Advertiser’s website, and (2) instructions to the recommendation recipient on the next steps for ordering the product or service and the use of their data.

   6. 5.6 The referrer is advised that they must enter information in the widget (in particular their sender details) carefully. Incorrect entries can lead to a recommendation not being assigned to the referrer. The referrer shall be liable for the incorrect completion of the data fields.

   7. 5.7 Where an available offline recommendation option has been provided and the referrer has already made a recommendation without using a referral link and subsequently concludes the contract with Tellja, they can still receive a reward for this recommendation if the contractual requirements are met. Any recommendation already submitted must meet the requirements set out in clauses 5.2 to 5.4 above.

6. 6. Products and services eligible for rewards, rewards recipients, bonus program for multiple referrers, free prize draws

   1. 6.1 The products and services for which rewards are available in the event of successful recommendations, as well as the type and amount of the reward, are shown on the Advertiser’s website and in the referral portal. In derogation from the above sentence, if an offline recommendation option is used, the reward received in the event of a successful referral is only shown in the referral portal. The reward can be a cash reward, a non-cash reward, or a voucher. If there are several rewards to choose from, the referrer is free to make a choice. It is not possible to change the selected reward at a later date. Payment of the monetary value of non-cash rewards or vouchers is not possible.

   2. 6.2 The authorized recipient of a reward is always the referrer who has made a successful recommendation (as described in clause 13 of these Contractual Terms & Conditions). However, the reward may also be paid to the new customer or another third party (e.g. recipient of a donation) within Switzerland on the instructions of the referrer or, in the case of cash rewards, shared between the referrer and the new customer or a third party, provided there is a corresponding option for the Advertiser’s recommended product or service in the Tellja widget, referrer portal, or the Advertiser’s website. However, the new customer or other third party shall not acquire any direct claims against Tellja.

      Rewards may only be distributed to new customers or other third parties (exception: donation recipients specified by Tellja) if the recipient has previously registered in the referrer portal and provided the data required for the distribution (name and, if applicable, email address, postal address, bank details).

      If the referrer has selected the “Donate reward” option, Tellja will transfer the reward to the selected donation recipient, stating the purpose of the transfer as “Donation in the name and on behalf of [first and last name of referrer]”. The referrer is not entitled to a donation receipt.

   3. 6.3 Bonus program for multiple successful recommendations:

      If indicated in the Tellja System widget, in the referrer portal, or on the Advertiser’s website, Tellja will award higher rewards for the products and services participating in the bonus program (“Bonus Rewards”) instead of the regular cash rewards if the referrer reaches or exceeds a certain number of successful recommendations (see clauses 13.2, 13.3 of these Contractual Terms & Conditions) within a period defined by Tellja (“Bonus Period”). Bonus Rewards are awarded at the earliest after the second successful recommendation during the Bonus Period; they may be staggered based on the number of successful recommendations achieved. The products and services participating in the bonus program, the number of successful recommendations required to achieve Bonus Rewards, the duration of the Bonus Period, and the amount of the respective Bonus Rewards can be found in the Tellja widget, the referrer portal, or the Advertiser's website. The start of the Bonus Period is based on the date on which the referrer accessed the first referral link, irrespective of whether this results in a successful referral or not. The Bonus Period ends at the end of the specified period. A new Bonus Period begins when the next referral link is accessed, provided the bonus program is still valid at this time. The sequence in which successful recommendations are processed within the bonus program depends on the date on which the Advertiser approves the specific successful recommendation, whereby such approval may also fall outside the Bonus Period. The date on which the referral link was accessed or the recommendation was made is not material. Bonus programs are implemented at the discretion of Tellja and Tellja can change or discontinue an ongoing bonus program at any time with effect for the future, whereby ongoing Bonus Periods are not affected by the change or termination.

      If an offline recommendation option is available, successful recommendations made offline are also included in the bonus program. If the Bonus Period has not already commenced in accordance with the previous paragraph, it shall commence on the date of the first order placed by a new customer when using the offline recommendation option.

   4. 6.4 Free prize draws: Tellja may, at its own discretion, perform prize draws for non-cash prizes or vouchers among referrers registered in the Referrer Portal during periods determined in advance by Tellja. Participation in the free prize draw shall not incur any costs for the referrer. This shall not affect any claims by the referrer to a reward. If Tellja conducts free prize draws, details regarding eligibility and specifics of participation as well as the period of the prize draw shall be listed on the Advertiser’s website, in the widget/pop-up, or in the referrer portal. Unless otherwise stated there, Tellja shall notify winners by email and prizes will be sent within two weeks of the winners being determined to the address within Switzerland that the respective winner provided to Tellja by email. Cash payment of winnings shall not be possible. Winners who do not provide or confirm their address by email for sending the prize within two weeks of the end of the prize draw period and Tellja’s request to do so will be disqualified and Tellja will draw a new winner. There is no right of appeal.

      Referrers who do not wish to take part in the free prize draw can opt out of being included in the free prize draw by sending an email to sunrise.en@tellja.ch

7. 7. Tellja's services and area of responsibility

   1. 7.1 Tellja provides the Tellja System on an Internet server connected to the public World Wide Web data network for online access. The transfer point for Tellja’s services is the interface between Tellja’s Internet server and the World Wide Web. Tellja bears no responsibility for the proper functioning of the referrer’s systems or the World Wide Web and the services operated by third parties, in particular social media services.

   2. 7.2 Tellja shall take the necessary technical and organizational security precautions and measures in accordance with the recognized state of the art to protect the Tellja System against unauthorized access, viruses and other malware.

   3. 7.3 Where Tellja enables the use of the Tellja System in the context of the social network Facebook and/or via WhatsApp, LinkedIn, Xing or X (formerly Twitter) (hereinafter collectively: “Social Media Services”), Tellja shall not be responsible for the content and availability of the features and functionalities provided by providers of the Social Media Services or executed via Social Media Services or interacting with the Tellja System (e.g. Facebook dialogs). Tellja is further not responsible for other measures taken by the providers of Social Media Services that affect the Tellja System and Tellja’s services, e.g. restrictions in the terms of use, blocks imposed by the providers of Social Media Services. Tellja has no influence on the features, functionalities, measures and availability of the Social Media Services. Changes to the features or functionalities or other measures taken by the providers of Social Media Services may therefore influence, restrict, or exclude Tellja’s services. In such cases no claims against Tellja shall arise. Clause 7.3 does not apply if Tellja has a mandatory responsibility for third-party measures under data protection regulations.

   4. 7.4 Tellja shall manage and log the referral links generated by Tellja for the referrer using the unique referral code assigned to each referral link in the Tellja System (“Tellja ID”). Tellja shall make the tracking data, i.e. the status of the recommendation, available for viewing by the referrer in an area of the referrer portal that is protected for the registered referrer by the referrer’s password and user ID.

   5. 7.5 Tellja provides customer support during Tellja’s general business hours (Mon–Fri, 9:00 a.m.–6:00 p.m., with the exception of public holidays in Hesse, Christmas Eve, and New Year’s Eve) by answering referrers’ queries about using the Tellja System by telephone and email.

   6. 7.6 Tellja reserves the right to make changes to the Tellja System in the future. This applies in particular if the change is based on the fact that Tellja is obliged to implement legal requirements or the change in performance only results in insignificant impairments for the referrer. Tellja is also entitled to change the Tellja System if Tellja wishes to adapt the Tellja System to modified specifications or conditions of the providers of Social Media Services.

   7. 7.7 Tellja is entitled to use third parties within the EU as vicarious agents for the provision of its services, in particular technical service providers and logistics service providers.

8. 8. Rights to the Tellja System and the content posted by Tellja or third parties, permission of use, referrer’s confidentiality obligation

   1. 8.1 The Tellja System and all content made available by Tellja are protected, in particular by copyright, regardless of how they are made available. All rights to the Tellja System and the content provided by Tellja or third parties shall remain with Tellja or the third parties and their respective licensors. Tellja shall permit the referrer to use the Tellja System and the administrative functions and content provided in accordance with the purpose of the contract. The right of use shall end upon termination of the contract. No further rights shall accrue to the referrer. In particular, the referrer is not entitled to reproduce, distribute, or make available to third parties the Tellja System or parts thereof or the contents, unless this is in accordance with the intended use of the Tellja System.

   2. 8.2 The referrer is obliged to maintain confidentiality over the information made available to them by Tellja, including the parts of the Tellja System made available to them (hereinafter collectively referred to as “Information”), to use it only for the execution of the contract, and not to make it available to third parties. The confidentiality obligation also includes in particular Information about Advertisers and new customers acquired by the referrer that Tellja may make available to the referrer, including the fact that the new customer has concluded a contract with the Advertiser and the subject matter of that contract. The confidentiality obligation shall continue to apply beyond the end of the contract for as long as the Information remains confidential. The confidentiality obligation does not apply in the following cases: (i) Tellja has expressly authorized the disclosure or (ii) the referrer has received the Information from a third party not bound to confidentiality, or (iii) the Information is already in the public domain prior to disclosure by the referrer.

9. 9. General obligations of the referrer

   1. 9.1 The referrer may only use the Tellja System and Tellja’s other services in accordance with the contractual purpose

   2. 9.2 They must truthfully provide all information required in the widget and in Tellja’s referrer portal and marked as mandatory for the execution of the contract. Anonymous use of the Tellja System or the use of pseudonyms is not permitted. The referrer must make any changes to their personal details or other mandatory information required for the execution of this contract in the referrer portal without being requested to do so and without delay or notify Tellja by email at sunrise.en@tellja.ch.

   3. 9.3 Access data assigned by Tellja must be treated confidentially, used only for the contractual use of Tellja’s services, and adequately protected against disclosure and use by unauthorized persons. The access data may not be passed on or made available to third parties. When registering in the referrer portal, the referrer shall set a secure password of their choice to protect access to their portal area. The referrer shall protect the password appropriately against unauthorized use. The password should consist of at least eight (8) characters and contain at least one uppercase letter, lowercase letter, number, and special characters. If the referrer discovers or has reason to believe that passwords have become accessible to unauthorized persons, they shall inform Tellja immediately and change their password.

   4. 9.4 The referrer is responsible for any unauthorized use of the Tellja System carried out via their password, unless they can prove that they have secured the password against unauthorized use in accordance with the contract.

   5. 9.5 The referrer may not circumvent or deactivate security measures set up by Tellja, change Tellja content, or link the Tellja System with other content, websites, or services, unless this is expressly permitted within the scope of the intended use of the Tellja System. If the referrer detects faults in the Tellja System, they shall inform Tellja by email without undue delay.

   6. 9.6 The referrer must ensure that their technical infrastructure is adequately secured against unauthorized use, virus attacks, and malware and that it does not pose a risk to Tellja’s technical equipment.

   7. 9.7 Tellja points out that the use of the Tellja System via Social Media Services is also subject to the applicable terms of use, terms of business, and other conditions and guidelines of the respective provider of the Social Media Service, and that Tellja has no influence over the content of such.

10. 10. Unauthorized uses of the Tellja System, prohibition of abuse

    1. 10.1 The referrer may not use the Tellja System in a way that violates applicable law or contractual agreements with Tellja.

    2. 10.2 In particular, the following is not permitted:

       • using the Tellja System for your own advertising and commercial offers or for illegal or immoral content,
       • making any changes to Tellja or third party content, including the Advertiser’s information on the recommended products or services, copyright notices, or author credits,
       • posting your own links to pages or content outside the Tellja System in the Tellja System,
       • taking actions that are contrary to the normal personal use of the Tellja System,
       • making self-recommendations (e.g. to another email address of the referrer),
       • faking the conclusion of new customer contracts or successful recommendations, e.g. by using false data, unauthorized use of third-party data, or technical manipulation of the Tellja System,
       • brokering new customer contracts using unlawful or non-contractual methods, for example by deceiving, misleading, coercing, or threatening recommendation recipients, including concealing the fact that the referrer will receive a reward for successful referrals.

11. 11. Consequences of breaches of duty by the referrer or unauthorized use

    1. 11.1 In the event of unauthorized use of the Tellja System by the referrer as defined in these Contractual Terms & Conditions, Tellja is entitled to exclude the referrer from further use of the Tellja System and to block their access to it. The referrer will be informed of the blocking of their user account by email. They shall have the opportunity to provide a comment. Tellja shall process any other referral links that have already been generated in accordance with the contract, including the distribution of rewards earned and due in accordance with the contract.

    2. 11.2 This is without prejudice to any further rights of Tellja, in particular termination rights and claims for damages.

12. 12. Service interruptions

    1. 12.1 Tellja is entitled to interrupt services if

       • urgent work has to be carried out on the Tellja System which cannot be performed without interrupting the services and the interruption is of an insignificant duration, or
       • Tellja is obliged to comply with an order of an authority or a court that renders the provision of services inadmissible or impossible, or
       • there are reasonable grounds to suspect that the referrer’s systems or the use of the Tellja System by the referrer pose or threaten to pose a risk of damage to Tellja or third parties. This also includes the risk of the spread of viruses or the overloading of the network due to contractually non-compliant use, or
       • the referrer commits a material breach of the contractual obligations, or
       • if the Tellja System is made available for use via Social Media Services, the respective provider prohibits the further use of the Social Media Service for recommendation marketing by Tellja or in general.

    2. 12.2 Tellja shall notify the referrer in advance if possible, otherwise immediately afterwards, of the expected duration of the service interruption in the referrer portal and give the referrer the opportunity to comment.

    3. 12.3 This is without prejudice to any statutory rights of retention.

13. 13. Origin of the claim to and distribution of rewards

    1. 13.1

       For a successful recommendation, the referrer shall receive the reward displayed in the Tellja System widget, on the Advertiser’s website, or in the referrer portal for the product or service purchased by the new customer. The reward is performance-related. Tellja does not pay any further amounts.

    2. 13.2 A successful recommendation is a recommendation that the referrer has made for specific products or services approved for recommendation on the Advertiser’s website and that results in the conclusion of a chargeable contract between the Advertiser and the recommendation recipient for a product or service approved for recommendation by the Advertiser (“New Customer Contract”) if the following conditions are met:

       1. (1) The recommendation recipient is a natural person of legal age who is not identical to the referrer and who is a new customer of the Advertiser, i.e. who has not had a contractual relationship with the Advertiser in the three months preceding the conclusion of the new customer contract with regard to the products or services purchased by the recommendation recipient under the New Customer Contract;

       2. (2) The order is placed online during the period of validity of the referral link;

       3. (3) The New Customer Contract is concluded online within 180 calendar days of the referral link being displayed;

       4. (4) The new customer does not exercise a statutory or contractual right of revocation or return within 4 weeks of conclusion of the contract; and

       5. (5) the origin of the recommendation for the conclusion of the new customer contract can be traced using Tellja’s tracking. Tracking is carried out either via a link or button embedded in the browser-based recommendation (“Redirect URL”), which the recommendation recipient must use if they order the recommended product, or via a cookie set with the recommendation recipient if they follow the recommendation. If recommendations are made via Facebook, the origin must be traceable by means of a unique assignment ID issued by Facebook.

       Tellja expressly points out to the referrer that the referrer is not entitled to a reward if the recommendation recipient purchases products or services from the Advertiser without using the referral link (exception: use of an offline recommendation option) or if Tellja is unable to track the success of the recommendation using its own methods (e.g. because the recommendation recipient has deactivated the cookie function).

       Tellja would also like to point out that when recommendations are made via Facebook, Tellja can only assign the new customer contract to the referrer if Facebook provides Tellja with a unique assignment ID. If this is not the case, the referrer is not entitled to a reward, as Tellja cannot verify the success of the recommendation using its own methods. Tellja has no influence over whether Facebook transfers assignment IDs; this is decided solely by Facebook.

       In the case of recommendations via WhatsApp, LinkedIn, Xing, and/or X (formerly Twitter), Tellja can only track the success of the recommendation if the recommendation recipient accesses the online display of the browser-based recommendation via the link transmitted in the WhatsApp, LinkedIn, Xing, or X message and triggers an order via the link or button contained therein.

    3. 13.3 For recommendations made using an offline recommendation option offered by Tellja (variants (i) and (ii) as described in the recitals), the following applies in derogation from clause 13.2:

       A successful recommendation is a recommendation that the referrer has made for specific products or services approved for recommendation on the Advertiser’s website and that results in the conclusion of a chargeable contract between the Advertiser and the recommendation recipient for a product or service approved for recommendation by the Advertiser (“New Customer Contract”) if the following conditions are met:

       1. (1) The recommendation recipient is a natural person of legal age who is not identical to the referrer and who is a new customer of the Advertiser, i.e. who has not had a contractual relationship with the Advertiser in the three months preceding the conclusion of the New Customer Contract with regard to the products or services purchased by the recommendation recipient under the New Customer Contract;

       2. (2) Orders are placed offline (by telephone, via a consultant or in a store) via the contact numbers or address given on the Advertiser’s website;

       3. (3) The New Customer Contract is concluded within 180 calendar days of the recommendation recipient first contacting the Advertiser;

       4. (4) The new customer does not exercise a statutory or contractual right of revocation or return within 4 weeks of conclusion of the contract;

          and

       5. (5) The origin of the recommendation for the conclusion of the New Customer Contract is traceable on the basis of information provided by the recommendation recipient to the Advertiser prior to the conclusion of the New Customer Contract. The recommendation recipient must therefore provide the Advertiser with either the referrer’s name and email address or the referral code assigned by Tellja in order to pass it on to Tellja. Tellja shall also ask the Advertiser for the product or service purchased by the new customer and the order ID assigned by the Advertiser for the New Customer Contract.

    4. 13.4 Tellja shall not pay a reward for recommendations and New Customer Contracts that do not meet the requirements set out in these Contractual Terms & Conditions

    5. 13.5 Tellja shall notify the referrer monthly in arrears by means of a display in referrer portal about the status of their recommendations tracked by Tellja, in particular whether recommendations were successful or not.

    6. 13.6 Tellja shall issue rewards for successful recommendations in the month following confirmation of the successful recommendation by the Advertiser. Confirmation is usually issued 6 - 8 weeks after the Advertiser has tracked the new customer’s order.

    7. 13.7 Due to the fact that Tellja currently transfers rewards from Germany in euros, there may be slight rounding differences to the communicated CHF amount of the reward. As long as a SEPA transfer to the transfer account specified by the referrer is possible, an amount at least equal to the communicated CHF amount will be credited. However, if a SEPA transfer is not possible, additional bank charges may be incurred, which is why the amount actually credited to the transfer account specified by the recipient in CHF may be less than the amount of the reward communicated in CHF.

14. 14 14 Term and termination of the contract

    1. 14.1 The contract shall run for an indefinite period. It may be terminated by either party with a notice period of three (3) working days. This is without prejudice to the right to terminate the contract for good cause. Terminations may be declared in writing or in text form (section 126b of the German Civil Code (BGB)) such as email. Email cancellations by the referrer should be sent to the following Tellja email address: sunrise.en@tellja.ch. Notices of termination from Tellja should be sent to the email address last provided by the referrer in the referrer portal. If the referrer has not registered, Tellja can also use the email address that the referrer used as the sender of the request for a referral link for the termination.

    2. 14.2 Tellja shall deactivate and delete the referrer’s special portal area and block the referrer’s access to the Tellja System after the complete execution of the contract. If the referrer requests earlier deactivation and deletion or blocking of their data, Tellja will comply with this request. Tellja would like to point out that it may no longer be possible to issue rewards in this case.

15. 15 Data protection, issue of recommendations via Social Media Services

    1. 15.1 Tellja’s privacy policy applies. This can be accessed via the following link: https://www.tellja.de/de/disclaimer.html. Where applicable, Tellja and the Advertiser are jointly responsible for aspects of data processing (Art. 26 of the General Data Protection Regulation (GDPR)). If this is the case, further details can be found in the information on the refer-a-friend program of the respective Advertiser on the Tellja website (www.tellja.eu/de/agb.html).

    2. 15.2 The referrer shall use their own accounts on the Social Media Services to make recommendations via Social Media Services. The respective providers are responsible for the implementation of actions within the Social Media Services. Tellja has no influence on the transmission and use of data by Social Media Services. As a precaution, Tellja provides the following information.

    3. 15.2.1 Where the referrer makes recommendations using Facebook, the following applies: The social network Facebook, www.facebook.com and https://de-de.facebook.com is operated by Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland. The use of the Tellja System via Facebook establishes connections to Facebook servers by means of dialogs provided by Facebook and information is transmitted from the user’s computer to Facebook. You can find out which dialogs are used by Facebook on the website https://developers.facebook.com/docs/sharing/web/ website. If the user is logged in to Facebook at the same time, Facebook can allocate this information to their Facebook user account. The same applies to the information generated through the use of Facebook dialogs. Facebook collects, processes, uses, and transmits the information in accordance with the Facebook privacy policy, which is available on the Facebook website and contains further information on the options available to users to protect their privacy. Data processing by Facebook may involve the transfer of personal data to the USA or another third country in which an adequate level of data protection may not be ensured.

    4. 15.2.2 Where the referrer makes recommendations using WhatsApp, the following applies: WhatsApp, https://www.whatsapp.com, is offered to users within the EU by WhatsApp Ireland Limited, 4 Grand Canal Quay, Square, Dublin, D02 X525, Ireland. WhatsApp collects, processes, uses, and transmits the information in accordance with WhatsApp’s Privacy Policy, which is available on WhatsApp’s website and which contains further information on the options available to users to protect their privacy. Data processing by WhatsApp may involve the transfer of personal data to the USA or another third country in which an adequate level of data protection may not be ensured.

    5. 15.2.3 Where the referrer makes recommendations using LinkedIn, the following applies: LinkedIn, https://www.linkedin.com, is offered to users within the EU by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. LinkedIn collects, processes, uses, and transmits the information in accordance with LinkedIn’s Privacy Policy, which is available on LinkedIn’s website and which contains further information on the options available to users to protect their privacy. Data processing by LinkedIn may involve the transfer of personal data to the USA or another third country in which an adequate level of data protection may not be ensured.

    6. 15.2.4 Where the referrer makes recommendations using X (formerly Twitter), the following also applies: Twitter, https://www.twitter.com, is offered to users within the EU by Twitter International Unlimited Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland. Twitter collects, processes, uses, and transmits the information in accordance with X’s Privacy Policy, which is available on X’s website and which contains further information on the options available to users to protect their privacy. Data processing by X may involve the transfer of personal data to the USA or another third country in which an adequate level of data protection may not be ensured.

    7. 15.2.5 Where the referrer makes recommendations using Xing, the following applies: Xing, https://www.xing.com, is offered to users within the EU by New Work SE, Am Strandkai 1, 20457 Hamburg. Xing collects, processes, uses, and transmits the information in accordance with Xing’s Privacy Policy, which is available on the Xing website and which contains further information on the options available to users to protect their privacy. Data processing by Xing may involve the transfer of personal data to the USA or another third country in which an adequate level of data protection may not be ensured.

16. 16 Tellja’s liability

    1. 16.1 Tellja is liable—irrespective of the legal grounds—in accordance with the statutory provisions for intentional conduct and gross negligence on the part of Tellja, its legal representatives, and vicarious agents as well as for damages due to injury to life, limb, and health for which Tellja, its legal representatives, or vicarious agents are at fault. Tellja is also liable for the assumption of guarantees in accordance with the statutory provisions. This is without prejudice to the mandatory statutory liability regulations, in particular the provisions of the German Product Liability Act.

    2. 16.2 Tellja is liable in essence for breaches of material contractual obligations that are neither intentional nor grossly negligent for which Tellja, its legal representatives, and vicarious agents are at fault, irrespective of the legal grounds, including for claims arising from the breach of obligations during contract negotiations or from tortious acts. However, the amount of liability shall be limited to the typical and foreseeable damage resulting from the breach of duty or the typical and foreseeable expenses. This is without prejudice to the referrer’s other rights. Material contractual obligations are obligations of Tellja, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely.

    3. 16.3 Tellja’s liability is otherwise excluded.

    4. 16.4 Notwithstanding clause 16.2, Tellja is only liable for free prize draws in accordance with clause 16.1 and, in the event of material defects or defects of title in the prize, only if Tellja has fraudulently concealed the material defect or defect of title.

    5. 16.5 The limitations of liability under this contract also apply in favor of Tellja’s legal representatives, employees, and vicarious agents.

    6. 16.6 The providers of Social Media Services are not vicarious agents of Tellja. Tellja is therefore not liable for the actions and decisions of Facebook, WhatsApp, LinkedIn, Xing, and X.

17. 17 Closing provisions

    1. 17.1 The referrer is not entitled to assign contracts concluded with Tellja as a whole or individual rights or obligations arising therefrom or otherwise transfer them in whole or in part to third parties without Tellja’s consent.

    2. 17.2 Tellja may make changes to these Contractual Terms & Conditions at any time with effect for the future. Tellja shall notify the referrer of the changes four weeks before they come into effect. If the referrer does not agree to the changes, they may terminate this Agreement by giving three (3) working days’ notice in writing or in text form by email to sunrise.en@tellja.ch.

    3. 17.3 Should one or more provisions of the contract be or become invalid or should the contract contain an unintended omission, this shall not affect the validity of the remaining provisions of the contract.

    4. 17.4 The contractual relationship is subject to Swiss law—to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Zurich.